Gonzalez v. United States of America
Petitioner: Johnny Elias Gonzalez
Respondent: United States of America
Case Number: 3:2019cv00043
Filed: January 29, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: Frank D Whitney
Nature of Suit: Mandamus & Other
Cause of Action: 28 U.S.C. ยง 1651
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 19, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 19, 2019 Filing 7 USCA Case Number 19-6371 for #5 Notice of Appeal USCA Case Manager: Karen Stump. (ni)
March 15, 2019 Filing 6 Transmission of Notice of Appeal to US Court of Appeals re #5 Notice of Appeal. (ni)
March 15, 2019 Original Assembled Electronic Record Transmitted to Fourth Circuit re: #5 Notice of Appeal. (ni)
March 11, 2019 Filing 5 MISROUTED NOTICE OF APPEAL as to #3 Order Dismissing Case by Johnny Elias Gonzalez. (IFP) (ni) Modified file date on 3/15/2019 (ni).
February 1, 2019 Filing 4 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 2/1/19. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(clc)
February 1, 2019 Opinion or Order Filing 3 ORDER DISMISSING CASE. Petitioners Petition for Writ of Error Coram Nobis & Writ of Audita Querela, (Doc. No. 1), is DENIED and DISMISSED. IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2254 and Section 2255 Cases, this Court declines to issue a certificate of appealability. See 28 U.S.C. 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 338 (2003) (in order to satisfy 2253(c), a petitioner must demonstrate that reasonable jurists would find the district courts assessment of the constitutional claims debatable or wrong); Slack v. McDaniel, 529 U.S. 473, 484 (2000) (when relief is denied on procedural grounds, a petitioner must establish both that the dispositive procedural ruling is debatable and that the petition states a debatable claim of the denial of a constitutional right). Petitioner has failed to make the required showing. Signed by Chief Judge Frank D. Whitney on 2/1/19. (Pro se litigant served by US Mail.)(clc)
January 29, 2019 Filing 2 Document deleted. Filed in error.
January 29, 2019 Filing 1 Pro Se PETITION for Writ of Error Coram Nobis & Writ of Audita Querela re: Criminal Case No. 3:08-cr-134-18, filed by Johnny Elias Gonzalez. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Cover Sheet, #5 Envelope)(brj) Modified on 1/31/2019 (rth).

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Respondent: United States of America
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Petitioner: Johnny Elias Gonzalez
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