Cervantes v. USA
| Juan Diego Cervantes |
| USA |
| 3:2023cv00484 |
| March 2, 2023 |
| US District Court for the Northern District of Texas |
| Rebecca Rutherford |
| Karen Gren Scholer |
| 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 April 21, 2023. A more recent docket listing may be available from PACER.
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Filing 9
ORDER: IT IS ORDERED that Cervantes must complete and file the financial affidavit, CJA-23, no later than 5/19/2023. IT IS ORDERED that the Clerk of Court shall send Cervantes another financial affidavit, CJA-23. The Clerk of Court shall send the affidavit and a copy of this order to Cervantes at BOP Lompac USP, 3901 Klein Bld., Lompoc, CA 93436. (Ordered by Magistrate Judge Rebecca Rutherford on 4/21/2023) (Attachments: #1 Financial Affidavit) (sxf)
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| Filing 8 RESPONSE filed by Juan Diego Cervantes re: #5 Order Appointing FPD. (axm) |
| Filing 7 Public correspondence in Spanish addressed to judge, received from Juan Diego Cervantes. (sxf) Modified on 3/29/2023 (svc). |
| Filing 6 NOTICE of Attorney Appearance by Gabriela Vega-FPD on behalf of Juan Diego Cervantes. (Filer confirms contact info in ECF is current.) (Vega-FPD, Gabriela) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5 mailed to FPD and Cervantes. Tue Mar 14 09:35:20 CDT 2023 (crt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4 mailed to FPD and Cervantes. Tue Mar 14 09:00:58 CDT 2023 (crt) |
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Filing 5
Order Appointing Counsel: The Court APPOINTS the Federal Public Defender for the Northern District of Texas (the "FPD") as counsel to represent Cervantes in relation to his motion to vacate, setaside, or correct sentence under 28 U.S.C. 2255. The Clerk shall serve this Order on the FPD by email and first-class mail and is further requested to send Cervantes a financial affidavit, CJA 23. Cervantes is ORDERED to complete this affidavit and return it to the Court no later than 4/12/2023. (Ordered by Magistrate Judge Rebecca Rutherford on 3/13/2023) (Attachments: #1 CJA 23) (sxf)
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Filing 4
ORDER: Cervantes shall-with the assistance of appointed counsel, the Federal Public Defendant ("FPD")-either withdraw his 2255 motion or amend it using the Court's standard form for filing a motion to vacate, set-aside, or correct sentence under 28 U.S.C. 2255 so that it contains all the claims he wishes to raise with respect to his federal conviction and/or sentence by 5/12/2023. The Clerk of Court is directed to send a copy of this order to the FPD by email and first-class mail. The Clerk of Court shall also transmit a copy of this order to Cervantes at BOP Lompac USC, 3901 Klein Blvd., Lompac, CA 93436. (Ordered by Magistrate Judge Rebecca Rutherford on 3/13/2023) (sxf)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Mon Mar 6 13:24:18 CST 2023 (crt) |
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Filing 2
ORDER: Defendant's letter request is CONSTRUED as an initial motion to vacate. set aside, or correct sentence under 28 U.S.C. 2255. (originally filed in case 3:20-CR-441-1) (Ordered by Judge Karen Gren Scholer on 3/2/2023) (ndt) Modified on 3/6/2023 (sxf).
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| Filing 1 Notice and Instruction to Pro Se Party. (ndt) |
| New Case Notes: A filing fee is not due for this case. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) (ndt) |
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| Plaintiff: Juan Diego Cervantes | |
| Represented By: | Gabriela Vega-FPD |
| Represented By: | Federal Public Defender |
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| Defendant: USA | |
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