Viet Phi Nguyen v. United States of America
Petitioner: Viet Phi Nguyen
Respondent: United States of America
Case Number: 4:2019cv00460
Filed: June 21, 2019
Court: US District Court for the Eastern District of Texas
Office: Sherman Office
Presiding Judge: Kimberly C Priest Johnson
Referring Judge: Amos L Mazzant
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 21, 2019 Case Assigned to District Judge Amos L. Mazzant, III and Magistrate Judge Kimberly C Priest Johnson. (kls, )
June 21, 2019 Filing 16 Case transferred in from District of California Central; Case Number 2:19-cv-01103. Original file certified copy of transfer order and docket sheet received.
June 20, 2019 Opinion or Order Filing 15 OORDER: (1) ACCEPTING FINDINGS AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE; AND (2) TRANSFERRING ACTION TO THE EASTERN DISTRICT OF TEXAS by Judge R. Gary Klausner for NOTICE OF MOTION AND MOTION to Dismiss #6 , Report and Recommendation (Issued) #12 . IT IS THEREFORE ORDERED that Respondent's Motion to Dismiss the Petition (Dkt. 6) is GRANTED in part as follows: (a) the Petition is recharacterized as a Motion pursuant to 28 U.S.C. 2255; and (b) so recharacterized, the action is transferred to the United States District Court for the Eastern District of Texas. The Clerk shall effect such transfer and notify Petitioner. (see document for further details). Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (hr) [Transferred from California Central on 6/21/2019.]
May 13, 2019 Filing 14 Mail Returned addressed to Viet Phi Nguyen re Report and Recommendation (Issued), #12 . Not deliverable as addressed. Note: Dkt. #12 was mailed to new address as listed on BOP's website on 5-14-19 (see document for further details) (hr) [Transferred from California Central on 6/21/2019.]
May 13, 2019 Filing 13 Mail Returned addressed to Viet Phi Nguyen re Notice of Report and Recommendation #11 . Not deliverable as addressed. Note: Dkt. #11 was mailed to new address as listed on BOP's website on 5-14-19 (see document for further details) (hr) [Transferred from California Central on 6/21/2019.]
April 30, 2019 Filing 12 REPORT AND RECOMMENDATION issued by Magistrate Judge John D. Early. IT IS THEREFORE RECOMMENDED that the District Court issue an Order (1) approving and accepting this Report and Recommendation; (2) granting #6 Respondent's Motion to Dismiss in part as follows: (a) recharacterizing #1 the Petition as a Section 2255 motion and (b) transferring the case to the United States District Court for the Eastern District of Texas. (mba) [Transferred from California Central on 6/21/2019.]
April 30, 2019 Filing 11 NOTICE OF FILING REPORT AND RECOMMENDATION by Magistrate Judge John D. Early. Objections to R&R due by 5/20/2019. (mba) [Transferred from California Central on 6/21/2019.]
April 25, 2019 Filing 10 Mail Returned addressed to Viet Phi Nguyen re Order on Motion #9 . Note: Re-mailed Dkt. No. 9 to inmate's address as listed on BOP's website. (hr) [Transferred from California Central on 6/21/2019.]
March 25, 2019 Opinion or Order Filing 9 ORDER by Magistrate Judge John D. Early: denying #8 EX PARTE APPLICATION for Order to File Document Under Seal and In Camera. (see document for details) (hr) [Transferred from California Central on 6/21/2019.]
March 21, 2019 Filing 8 EX PARTE APPLICATION for Order for TO FILE DOCUMENT UNDER SEAL AND IN CAMERA filed by respondent United States of America. (Attachments: #1 Proposed Order) (Ewald, Sylvia) [Transferred from California Central on 6/21/2019.]
March 19, 2019 Filing 7 NOTICE of Manual Filing filed by Respondent United States of America of GOVT UNDER SEAL and IN CAMERA DOCUMENTS. (Ewald, Sylvia) [Transferred from California Central on 6/21/2019.]
March 19, 2019 Filing 6 NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction filed by respondent United States of America. (Ewald, Sylvia) [Transferred from California Central on 6/21/2019.]
March 1, 2019 Filing 5 Notice of Appearance or Withdrawal of Counsel: for attorney Sylvia R Ewald counsel for Respondent United States of America. Adding SYLVIA R. EWALD as counsel of record for USA for the reason indicated in the G-123 Notice. Filed by respondent USA. (Attachments: #1 Proof of Service)(Attorney Sylvia R Ewald added to party United States of America(pty:res))(Ewald, Sylvia) [Transferred from California Central on 6/21/2019.]
February 19, 2019 Opinion or Order Filing 4 ORDER REQUIRING ANSWER/RETURN TO PETITION by Magistrate Judge John D. Early. That Respondent United States of America file Answer to the Petition not later than 4/5/2019. Notice: The court has issued a ruling on preliminary review. Pursuant to the Agreement on Acceptance of Service between the Clerk of Court and the United States Attorneys Office, this Notice constitutes service under Fed. R. Civ. P. 4. (Attachments: #1 Petition, #2 Brief in support) (mba) [Transferred from California Central on 6/21/2019.]
February 13, 2019 Filing 3 NOTICE OF REFERENCE to a U.S. Magistrate Judge. This case has been assigned to the calendar of the Honorable District Judge R. Gary Klausner and referred to Magistrate Judge John D. Early, who is authorized to consider preliminary matters and conduct all further hearings as may be appropriate or necessary. Pursuant to Local Rule 83-2.4, the Court must be notified within five (5) days of any address change. See notice for additional details. (Attachments: #1 CV-111 and CV-60P) (ghap) [Transferred from California Central on 6/21/2019.]
February 13, 2019 Filing 2 BRIEF IN SUPPORT OF regarding Petition for Writ of Habeas Corpus (2241) #1 . filed by petitioner Viet Phi Nguyen. (ghap) [Transferred from California Central on 6/21/2019.]
February 13, 2019 Filing 1 PETITION for Writ of Habeas Corpus by a Person In Federal Custody (28:2241) Case assigned to Judge R. Gary Klausner and referred to Magistrate Judge John D. Early.(Filing fee $ 5: FEE PAID), filed by petitioner Viet Phi Nguyen. (ghap) Modified on 3/4/2019 (dv). [Transferred from California Central on 6/21/2019.]

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Respondent: United States of America
Represented By: Sylvia R Ewald
Represented By: Assistant 2241-194 US Attorney LA-CV
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Petitioner: Viet Phi Nguyen
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