Barnette v. USA
Petitioner: Aquilia Marcivicci Barnette
Respondent: USA
Case Number: 3:2012cv00327
Filed: May 23, 2012
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Mecklenburg
Presiding Judge: Richard Voorhees
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
March 12, 2021 Opinion or Order Filing 138 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 3/12/2021. Signed by Clerk, Frank G. Johns.(ams)
April 9, 2019 Opinion or Order Filing 127 ORDER granting 126 Motion to Stay until the United States Supreme Court decides United States v. Davis, No. 18-43. The United States shall have 60 days after the Supreme Court issues its decision to respond to Petitioners supplemental Motion to Vacate.Signed by District Judge Max O. Cogburn, Jr on 4/8/2019. (ams)
November 9, 2018 Opinion or Order Filing 125 ORDER that the Courts previous abeyance Order 124 is modified to provide that Respondent shall have 60 days from the date the Simms, No. 15-4640, decision becomes final after en banc review to file an answer, motion, or other response to Petitioners Supplemental Motion to Vacate 19 .Signed by District Judge Max O. Cogburn, Jr on 11/9/2018. (ams)
December 8, 2016 Opinion or Order Filing 124 ORDER granting 121 Motion to Stay; granting 122 Motion to Stay. Action in the above-captioned case is stayed and held in abeyance pending a decision by the United States Supreme Court in Lynch v. Dimaya or the Fourth Cir cuit Court of Appeals in United States v. Simms. Respondent shall have 60 days from the date on which the later of the two decisions is issued to file an answer, motion, or other response to Barnett's Supplemental Motion to Vacatte (Doc. No. 119).Signed by District Judge Richard Voorhees on 12/8/16. (mga)
June 22, 2015 Opinion or Order Filing 93 ORDER that the Courts June 18, 2015 Order re 92 Order on Motion for Extension of Time, 73 MOTION for Hearing , is AMENDED. ( Responses due by 7/22/2015). Signed by District Judge Richard Voorhees on 6/22/2015. (eef)
January 7, 2015 Opinion or Order Filing 83 ORDER granting 72 Motion to Seal Document ; granting 79 Motion to File Exhibits Conventionally and Under Seal. Signed by District Judge Richard Voorhees on 1/7/2015. (eef)
September 2, 2014 Opinion or Order Filing 67 ORDER that Petitioner shall have thirty (30) days from the entrance of this Order to file a motion for evidentiary hearing and supportive brief, as outlined in the Scheduling Order entered by this Court on August 9, 2013; Furt her Ordered that the Government shall have sixty (60) days thereafter to file a motion, brief, answer, or other responsive pleading; and Petitioner shall have forty-five (45) days to reply. Signed by District Judge Richard Voorhees on 9/2/2014. (eef)
January 22, 2014 Opinion or Order Filing 62 ORDER denying 51 Motion for Discovery. Signed by District Judge Richard Voorhees on 1/22/2014. (eef)
January 7, 2014 Opinion or Order Filing 61 ORDER for Specific Compliance re 59 Supplemental Memorandum. The U.S. Attorney shall have 30 (thirty) days from entrance of this Order to conduct a final search of trial, probation office, and any related law enforcement f iles for any and all interview statements, documents, recordings, reports, correspondence, etc., previously produced or ordered produced to Petitioners 1998 and 2002 trial counsel; FURTHER ORDERED that upon the conclusion of the ordered search, the U.S. Attorney shall file a document in this Court attesting to the efforts made to comply with the Courts Order issued on Oct. 5, 2012, ECF No. 17. Signed by District Judge Richard Voorhees on 1/7/2014. (eef)
August 9, 2013 Opinion or Order Filing 53 ORDER vacating 52 Order requiring the Government to respond to Petitioners Motion to Vacate; Government shall have up to and including 8/19/2013 to respond to Petitioner's discovery request; Petitioner shall have thirty (30) days to file a motion for evidentiary hearing and brief in support; Government shall have sixty (60) days to file a motion, brief, answer, or other responsive pleading; Petitioner shall have forty-five (45) days to reply. Signed by District Judge Richard Voorhees on 8/9/2013. (eef)
July 18, 2013 Opinion or Order Filing 50 ORDER denying 49 Motion for Permission to Interview Trial Jurors. Signed by District Judge Richard Voorhees on 7/18/13. (smj)
October 5, 2012 Opinion or Order Filing 17 ORDER directing USA to provide discovery. Signed by District Judge Richard Voorhees on 10/5/2012. (tmg)
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Respondent: USA
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Petitioner: Aquilia Marcivicci Barnette
Represented By: Mark E. Olive
Represented By: Jacob H. Sussman
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