Lin v. USA
| Xiao Chen Lin |
| USA |
| 3:2022cv01457 |
| July 6, 2022 |
| US District Court for the Northern District of Texas |
| Dallas Office |
| Barbara M G Lynn |
| Irma Carrillo Ramirez |
| Prisoner Pet: Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 29, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 6 USCA5 ORDER: Authorization to file a successive 2255 motion is dismissed for failure to comply with this Courts notice. (svc) |
Filing 5
JUDGMENT: It is ORDERED that the Petitioners motion for Relief from a judgment or order pursuant to the Federal Rules of Civil Procedure, Rule 60(b)(6), received on 6/1/2022, construed as a successive Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255, is TRANSFERRED to the United States Court of Appeals for the Fifth Circuit. (Fifth Circuit notified via copy of the Notice of Electronic Filing.) (Ordered by Chief Judge Barbara M. G. Lynn on 7/6/2022) (jmg) (Filed in civil case 3:19-cv-263 as document number 68.) Modified text on 7/7/2022 (jmg).
|
|
Filing 4
ORDER ACCEPTING #3 FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. (Ordered by Chief Judge Barbara M. G. Lynn on 7/6/2022) (jmg) (Filed in civil case 3:19-cv-263 as document number 67.) Modified text on 7/7/2022 (jmg).
|
|
Filing 3
FINDINGS, CONCLUSIONS, AND RECOMMENDATION re: #2 MOTION for Relief from a Judgment or Order Pursuant to the Federal Rules of Civil Procedure, Rule 60(b)(6). The Petitioners motion, received 6/1/2022, should be construed as a successive motion to vacate filed under 28 U.S.C. 2255. The Clerk of the Court should be DIRECTED to: (1) terminate the post-judgment motion in this habeas case; (2) open a new habeas case for administrative purposes only; (3) docket the post-judgment motion as a 2255 motion filed 3/23/2021, in that new case; (4) directly assign the new case to the same District Judge and Magistrate Judge as in this case; (5) file a copy of the Findings, Conclusions, and the order accepting those Findings, Conclusions, and Recommendation, and the judgment in that new case; and (6) without further judicial action, immediately TRANSFER the newly opened 2255 action to the United States Court of Appeals for the Fifth Circuit. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 6/7/2022) (jmg) (Filed as document number 66 in civil case 3:19-cv-263.) Modified text on 7/7/2022 (jmg).
|
| Filing 1 ***PLEASE DISREGARD; ENTERED IN ERROR.*** Notice and Instruction to Pro Se Party. (jmg) Modified on 7/6/2022 (jmg). |
| New Case Notes: A filing fee is not due for this case. CASREF case referral set and case referred to Magistrate Judge Ramirez (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) Modified on 7/6/2022 (jmg). |
| Filing 2 MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 3:16-cr-270-M) - MOTION for Relief from a Judgment or Order Pursuant to the Federal Rules of Civil Procedure, Rule 60(b)(6). 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. (Filed in civil case 3:19-cv-263 as document number 65 with 6/1/2022 file date.) (jmg) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Lin v. USA | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Xiao Chen Lin | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: USA | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
