Calderon v. USA
| Luis Arturo Calderon |
| USA |
| 3:2023cv00632 |
| March 21, 2023 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Renee Harris Toliver |
| 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 December 22, 2023. A more recent docket listing may be available from PACER.
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Filing 8
ELECTRONIC ORDER AND NOTICE OF DEFICIENCY: Movant Luis Arturo Calderon must address the following deficiency: The Memorandum in Support of Motion to Vacate Sentence is 48 pages. Local Civil Rule 7.2(c) provides that a brief must not exceed 25 pages (excluding the table of contents and table of authorities), absent permission of the court, which Movant has neither sought nor received. Therefore, Movant is ORDERED to file a brief no longer than 25 pages by June 16, 2023. FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE DISMISSAL OF THIS ACTION PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 5/16/2023) (chmb)
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Filing 7
ELECTRONIC ORDER: denying without prejudice as premature Movant's motion for discovery, evidentiary hearing, and appointment of counsel. Doc. #3 . First, Movant's motion is conclusory. Movant does not identify the discovery that he seeks. He has also not offered any reason - let alone established good cause - for obtaining any information through discovery. See Rule 6 of the rules Governing Section 2255 Proceedings. Second, the Court will determine whether an evidentiary hearing and appointment of counsel are required upon its review of the merits of the 2255 motion and the government's response, if one is ordered after screening is complete. (Ordered by Magistrate Judge Renee Harris Toliver on 5/16/2023) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:7,8. Tue May 16 17:39:07 CDT 2023 (crt)
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Filing 6
ELECTRONIC NOTICE OF JUDICIAL SCREENING AND STANDING ORDER. Judicial screening of this case is pending. See Rule 4 of the Rules Governing Section 2255 cases. The Court will order Respondent to file an answer, if necessary, after screening is complete. It is therefore ORDERED that (1) no motions for appointment of counsel shall be filed until the Court has completed the screening process, (2) all discovery in this case is stayed until Respondent is ordered to file an answer or until further order of the court, (3) no amendments or supplements to the 2255 motion shall be filed without prior Court approval, and (4) any motion to amend must be accompanied by a complete proposed amended 2255 motion on the required form. It is further ORDERED that Movant must promptly notify the Court in writing of any change of address by filing a written Notice of Change of Address with the Clerk of the Court. Failure to provide updated address information may result in the dismissal of the case for failure to prosecute or follow court order under Fed. R. Civ. 41(b). (Ordered by Magistrate Judge Renee Harris Toliver on 5/10/2023) (chmb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Wed May 10 16:16:20 CDT 2023 (crt)
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Filing 5
Memorandum in Support of the 2255 Motion by Luis Arturo Calderon. (Attachments: #1 Additional Page(s)) (agc) Modified text on 5/10/2023 (agc)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Mar 27 10:35:45 CDT 2023 (crt)
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Filing 4
NOTICE OF DEFICIENCY AND ORDER: Luis Arturo Calderon must address the following deficiency: Movant is ORDERED to file (1) an amended 2255 motion that briefly states the grounds for relief and the facts supporting each of his grounds for relief in compliance with Rule 2, of the Rules Governing Section 2255 or (2) a memorandum in support of his 2255 motion, no longer than 25 pages. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 4/21/2023. (Ordered by Magistrate Judge Renee Harris Toliver on 3/24/2023) (Attachments: #1 2255 Form) (sxf)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Wed Mar 22 21:32:16 CDT 2023 (crt)
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Filing 2
Notice and Instruction to Pro Se Party. (axm)
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Filing 1
MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 3:18-CR-081-L) 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. (axm)
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New Case Notes: A filing fee is not due for this case. CASREF case referral set and case referred to Magistrate Judge Toliver (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) (axm)
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| Petitioner: Luis Arturo Calderon | |
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| Respondent: USA | |
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