Lyerla v. USA
| Lanny Jay Lyerla, Jr and Lanny Jay Lyerla, Jr. |
| USA |
| 4:2020cv01301 |
| December 4, 2020 |
| 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 January 22, 2021. A more recent docket listing may be available from PACER.
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| Filing 12 Mail returned as undeliverable. #4 Order received back from Lanny Jay Lyerla Jr as Not Deliverable as Addressed. No address update from last filed document. The current document has not been re-mailed. (mmw) |
Filing 11
FINAL JUDGMENT: In accordance with the court's memorandum opinion and order signed this date, the court ORDERS, ADJUDGES, and DECREES that the motion of Lanny Jay Lyerla, Jr., under 28 U.S.C. 2255 to vacate, set aside, or correct sentence be, and is hereby, dismissed as untimely. (Ordered by Senior Judge John McBryde on 1/20/2021) (tln)
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Filing 10
MEMORANDUM OPINION AND ORDER: Came on for consideration the motion of Lanny Jay Lyerla, Jr., under 28 U.S.C. 2255 to vacate, set aside, or correct sentence. The court, having considered the motion, thegovernment's response, the reply, the record, including the record in the underlying criminal case, No. 4:05-CR-195-A, styled "United States v. John Thomas Lopez, et al.," and applicable authorities, finds that the motion must be dismissed as untimely. 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 1/20/2021) (tln) Modified text on 1/21/2021 (tln).
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:10,11. Wed Jan 20 16:12:48 CST 2021 (crt) |
| Filing 9 RESPONSE to Government's #6 Motion filed by Lanny Jay Lyerla, Jr. (mmw) |
| Filing 8 Mail returned as undeliverable. #2 #3 received back from Lanny Jay Lyerla, Jr. as return to sender not here. No address update from last filed document. The current document has not been re-mailed. (mmw) |
| Filing 7 Correspondence received from Lanny Jay Lyerla, Jr. (mmw) |
| Filing 6 MOTION to Dismiss Section 2255 as Untimely Filed filed by USA (Simonton-DOJ, Leigha) |
| Filing 5 Correspondence received from Lanny Jay Lyerla, Jr. requesting his docket sheet. Clerk to mail courtesy copy of docket sheet. (mmw) |
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Filing 4
0RDER: By January 6, 2021, the United States Attorney shall file and serve an answer. By January 19, 2021, movant shall file and serve any reply he wishes to make to such answer. (Ordered by Senior Judge John McBryde on 12/7/2020) (mmw)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Dec 7 16:49:10 CST 2020 (crt) |
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Filing 3
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde...see order for specifics. Partial Suspension of Standing Order of 1/15/19 - The directive in paragraph 1 requiring that no document be filed by electronic means, and the directive in paragraph 2 requiring that paper copies of electronically filed documents be delivered to the clerk for filing, are suspended until further notice. (Ordered by Senior Judge John McBryde on 12/4/2020) (Attachments: #1 Additional Page(s)) (npk)
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| Filing 2 Notice and Instruction to Pro Se Party (npk) |
| Filing 1 MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 4:05cr195-A) 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. (npk) |
| 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. (npk) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:2,3. Fri Dec 4 17:12:41 CST 2020 (crt) |
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