Menchaca v. USA

Menchaca v. USA

Petitioner:	Pedro Menchaca
Respondent:	USA
Case Number:	3:2015cv04017
Filed:	December 18, 2015
Court:	US District Court for the Northern District of Texas
Office:	Dallas Office
County:	Dallas
Presiding Judge:	Sam A Lindsay
Presiding Judge:	Paul D Stickney
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
February 7, 2017	Filing 11 Order 9 Accepting Findings and Recommendations. The court overrules Petitioner's objections, denies Petitioner's 2 Motion to Vacate, and dismisses with prejudice this action as barred by the one-year statute of limitations. The court prospectively certifies that any appeal of this action would not be taken in good faith. In the event of an appeal, Petitioner may challenge this certification by filing a separate motion to proceed in forma pauperis on appeal with the clerk of the United States Court of Appeals for the Fifth Circuit. If Petitioner files a notice of appeal, he must pay the $505 appellate filing fee or submit a motion to proceed in forma pauperis. (Ordered by Judge Sam A Lindsay on 2/7/2017) (epm)

Date Filed

Document Text

February 7, 2017

Filing 11 Order 9 Accepting Findings and Recommendations. The court overrules Petitioner's objections, denies Petitioner's 2 Motion to Vacate, and dismisses with prejudice this action as barred by the one-year statute of limitations. The court prospectively certifies that any appeal of this action would not be taken in good faith. In the event of an appeal, Petitioner may challenge this certification by filing a separate motion to proceed in forma pauperis on appeal with the clerk of the United States Court of Appeals for the Fifth Circuit. If Petitioner files a notice of appeal, he must pay the $505 appellate filing fee or submit a motion to proceed in forma pauperis. (Ordered by Judge Sam A Lindsay on 2/7/2017) (epm)

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Respondent: USA
Represented By:	Wes Hendrix-DOJ
Represented By:	Amy J Mitchell-DOJ
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Petitioner: Pedro Menchaca
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