Medina-Villegas v. USA
Hernando Medina-Villegas |
USA |
3:2022cv01147 |
March 30, 2022 |
US District Court for the District of Puerto Rico |
Daniel R Dominguez |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
None |
Docket Report
This docket was last retrieved on May 17, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 6 ORDER granting #5 Motion for Extension of Time to File Response/Reply. Response in Opposition due June 17, 2022. Signed by Judge Daniel R. Dominguez on 5/17/2022. (CBM) |
Filing 5 MOTION for Extension of Time until 06/17/2022 to File Response/Reply as to #2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (Criminal Number 02-cr-117 (DRD)) filed by Hernando Medina-Villegas filed by Mariana E. Bauza on behalf of USA Responses due by 5/31/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Related document(s) #2 ) (Bauza, Mariana) |
Filing 4 ORDER. The government is to respond to Docket No. #2 within thirty days. Signed by Judge Daniel R. Dominguez on 4/18/2022. (CBM) |
Filing 3 NOTICE TO PRO SE LITIGANT: The Clerk's Office has received your Successive Motion to Vacate under 28:2255. A new case has been opened and assigned to Judge Daniel R. Dominguez. Any further documents or correspondence you send to the Clerk's Office concerning your case must include the case number. All documents for filing must also contain an original signature. Submitted documents are electronically scanned for filing and they become official court record. The quality of the official court record is determined by the quality of the original documents received for filing. Writing should only be on one side of the paper and dark enough for scanning. The Court enforces its rules and expects compliance with all directives; failure to comply with a court rule, federal law, or court directive may result in dismissal. The plaintiff must also keep the Court informed of any address changes. If the Court is not kept informed and multiple items are returned undelivered, the case may be dismissed without prejudice for failure to prosecute. (mcm) |
Filing 2 SUCCESSIVE MOTION to Vacate under 28 U.S.C. 2255 based on United States v. Davis, 139 S. Ct. 2319(2019), and related precedent, filed nunc pro tunc as of August 26, 2019 filed by Hernando Medina-Villegas, Pro Se, (Criminal Number 02-cr-117 (DRD)). Responses due by 4/13/2022. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (Attachments: #1 Envelope, #2 Exhibit Application to file Successive 2255, #3 Exhibit Cover Letter, #4 Exhibit Response to Court's Order)(mcm) |
Filing 1 Copy of JUDGMENT of USCA as to Hernardo Medina-Villegas entered on 3/29/2022; Petitioner seeks leave to file a second or successive 28 U.S.C. 2255 motion based on United States v. Davis, 139 S. Ct. 2319 (2019), and related precedent. The court GRANTS second-or-successive relief in line with the government's assent, meaning petitioner may pursue before the district court a challenge, based on Davis and related precedent, to his 924(c) conviction (s) undergirded by the predicate offense of conspiracy to commit Hobbs Act robbery; to the extent petitioner seeks additional or more expansive relief, the request is DENIED. The court expresses no opinion as to the merits of petitioner's claim or as to any other relevant issue at this time. The clerk of court will transfer petitioner's application(s) and his response to this court's August 20, 2020, order to show cause to the district court for filing as a 2255 motion. The motion shall be deemed filed in the district court on the date petitioner's original second or successive application was filed in this court. (mcm) Modified on 3/30/2022 to edit title (mcm). |
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Petitioner: Hernando Medina-Villegas | |
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Respondent: USA | |
Represented By: | Mariana E. Bauza |
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