Ancelmo v. USA
| Francisco Maldanado Ancelmo |
| USA |
| 4:2018cv00827 |
| October 9, 2018 |
| US District Court for the Northern District of Texas |
| John McBryde |
| Prisoner Pet: Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on November 27, 2018. A more recent docket listing may be available from PACER.
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Filing 12
FINAL JUDGMENT... Consistent with the court's memorandum opinion and order signed this date, The court ORDERS, ADJUDGES, and DECREES that the motion of movant, Francisco Maldanado Ancelmo under 28 U.S.C. 2255 be, and is hereby, dismissed as untimely. (Ordered by Senior Judge John McBryde on 11/27/2018) (wxc)
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Filing 11
MEMORANDUM OPINION AND ORDER... The court ORDERS that movant's motion be, and is hereby, dismissed as untimely. Pursuant to Rule 22(b) of the Federal Rules of Appellate Procedure, Rule ll(a) of the Rules Governing Section 2255 Proceedings for the United States District Courts, and 28 U.S.C. 2253(c) (2), for the reasons discussed herein, the court further ORDERS that a certificate of appealability be, and is hereby, denied, as movant has not made a substantial showing of the denial of a constitutional right. (Ordered by Senior Judge John McBryde on 11/27/2018) (wxc)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:11,12. Tue Nov 27 10:33:42 CST 2018 (crt) |
| Filing 10 RESPONSE/Objection filed by Francisco Maldanado Ancelmo re: #9 MOTION to Dismiss. (bdb) |
| Filing 9 MOTION to Dismiss as Untimely Filed. filed by USA (bcr) |
| Filing 8 Notice of Substitution of Counsel by AUSA. Amy J Mitchell-DOJ for USA added, Wes Hendrix-DOJ terminated. (bcr) |
| Filing 7 MOTION to Deny All Consent to Magistrate Judge in This Proceeding, and Request for District Court Judge to Adjudicate this Proceeding, filed by Francisco Maldanado Ancelmo (bcr) Terminated Per Chambers; 2255 Not Subject For Consent. Modified on 10/25/2018 (bcr). Modified on 10/26/2018 (bcr). |
| Filing 6 MOTION for Extension of Time to File Amended Pleadings filed by Francisco Maldanado Ancelmo (bcr) |
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Filing 5
The court ORDERS that: (1) The Clerk shall provide a true and correct copy ofthis order to movant; (2) The Clerk shall provide a true and correct copy ofmovant's motion and of this order to respondent, directed to the attention of the Criminal Section Habeas Attorney, United States Attorney's Office, Fort Worth Division; (3) By November 8, 2018, the United States Attorney shall file and serve an answer complying with the provisions of Rule 5(b) of the Rules Governing 2255 Cases; and (4) By November 20, 2018, movant shall file and serve any reply he wishes to make to such answer. (Ordered by Senior Judge John McBryde on 10/9/2018) (bcr)
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Filing 4
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. (Ordered by Senior Judge John McBryde on 10/9/2018) (tln)
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| Filing 3 Notice and Instruction to Pro Se Party. (tln) |
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Filing 2
ORDER (Originally docketed in Criminal Case Number 4:15-cr-129-A (14) as entry #543): On September 24, 2018, Maldanado filed a response to the court's September 13 order in which he requested an extension of time of 270-365 days in which to amend his motion. He did not seek to withdraw the motion. Accordingly, the court is recharacterizing the motion Maldanado filed December 29, 2017, docketed as item 516 in this case, as one under 28 U.S.C. 2255 and directing the clerk to so file it. (Ordered by Senior Judge John McBryde on 10/9/2018) (tln)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Tue Oct 9 15:46:18 CDT 2018 (crt) |
| New Case Notes: A filing fee is not due for this case. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to Judge McBryde. (tln) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3,4. Tue Oct 9 11:26:01 CDT 2018 (crt) |
| Filing 1 MOTION to Vacate under 28 U.S.C. 2255 (Originally docketed in Criminal Case Number 4:15-cr-129-A (14) as entry #516). 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. (tln) |
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| Petitioner: Francisco Maldanado Ancelmo | |
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| Respondent: USA | |
| Represented By: | Wes Hendrix-DOJ |
| Represented By: | Amy J Mitchell-DOJ |
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