Hermesch v. USA
| Kyle Martin Hermesch |
| USA |
| 3:2022cv01234 |
| June 6, 2022 |
| US District Court for the Northern District of Texas |
| David C Godbey |
| Irma Carrillo Ramirez |
| Prisoner Pet: Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on July 14, 2022. A more recent docket listing may be available from PACER.
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Filing 11
ORDER: The #10 motion is liberally construed as a notice of voluntary dismissal of the movant's claims without prejudice as provided by that rule, and no further action is required. The Clerk of Court is directed to terminate this action based on that notice. The movant is expressly warned that any future 2255 motion may be barred by the one-year statute of limitations set forth in 28 U.S.C. 2255(f). (Ordered by Magistrate Judge Irma Carrillo Ramirez on 7/14/2022) (ygl)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11. Thu Jul 14 10:38:31 CDT 2022 (crt) |
| Filing 10 MOTION to Withdraw #2 Motion to Vacate under 28 U.S.C. 2255 filed by Kyle Martin Hermesch. (mjr) |
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Filing 9
ORDER re: the movant's #8 Request for Separation from Codefendant in 28 U.S.C. 2255 Case. Because only the movant's 2255 motion will be considered in this civil action, his motion is unnecessary, so it is DENIED AS MOOT. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/30/2022) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:9. Thu Jun 30 14:11:25 CDT 2022 (crt) |
| Filing 8 Request for Separation from Codefendant in 28 U.S.C. 2255 Motion filed by Kyle Martin Hermesch. (ygl) |
| Filing 7 Notice of Substitution of Counsel by AUSA. Jonathan Glen Bradshaw-DOJ added as AUSA. (Bradshaw-DOJ, Jonathan) |
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Filing 6
ORDER re: the movant's #3 Request to Proceed in Forma Pauperis in 28 U.S.C. 2255 Case. No filing fee is required in order to file a 2255 motion. Accordingly, the application to proceed in forma pauperis is DEEMED MOOT. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/13/2022) (mcrd)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Mon Jun 13 08:39:30 CDT 2022 (crt) |
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Filing 5
ORDER AND INSTRUCTIONS TO PARTIES IN A MOTION UNDER 28 U.S.C. 2255. The clerk has served this order and will regenerate notice of the motion and supporting documents to the designated Assistant US Attorney. Leigha A Simonton-DOJ for USA added. The United States Attorney shall file an answer orresponse to the motion within 60 days of service, answering in substance as required by Rule 5 ofthe Rules Governing Section 2255 Proceedings in the United States District Courts. The movant may submit a reply brief to respondent's answer or other pleading within 30 days from date of service of the answer or other pleading. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/8/2022) (ygl)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Jun 8 12:33:40 CDT 2022 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1. Tue Jun 7 11:37:23 CDT 2022 (crt) |
| Filing 4 Court Request for Recusal: Magistrate Judge Horan recused. Pursuant to instruction in Special Order 3-143, the Clerk has reassigned the referral judge to Magistrate Judge Irma Carrillo Ramirez for all further proceedings. Future filings should indicate the case number as: 3:22cv1234-N-BH. (twd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Kyle Martin Hermesch. (jmg) |
| Filing 2 MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 3:19-cr-403-N) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (jmg) |
| Filing 1 Notice and Instruction to Pro Se Party. (jmg) |
| New Case Notes: A filing fee is not due for this case. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) (jmg) |
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| Petitioner: Kyle Martin Hermesch | |
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| Respondent: USA | |
| Represented By: | Jonathan Glen Bradshaw-DOJ |
| Represented By: | Leigha A Simonton-DOJ |
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