Lira-Rodriguez v. USA
| Jose Lira-Rodriguez |
| USA |
| 4:2021cv01085 |
| September 22, 2021 |
| 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 15, 2021. A more recent docket listing may be available from PACER.
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Filing 9
FINAL JUDGMENT: In accordance with the memorandum opinion and order signed this date, The court ORDERS, ADJUDGES, and DECREES that the motion of Jose Lira-Rodriguez under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody be, and is hereby, dismissed. (Ordered by Senior Judge John McBryde on 11/15/2021) (sre)
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Filing 8
MEMORANDUM OPINION AND ORDER: Came on for consideration the motion of Jose Lira- Rodriguez, movant, under 28 U.S.C. 2255 to vacate, set aside, or correct sentence by a person in federal custody. The court, having considered the motion, the government's response, the reply, the record, 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 11/15/2021) (sre) Modified on 11/15/2021 (sre).
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***Clerk's Notice of delivery: (see NEF for details) Docket No:8,9. Mon Nov 15 16:05:07 CST 2021 (crt)
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Filing 7
REPLY titled "Response to the Response of the Government" filed by Jose Lira-Rodriguez re: #4 Order to Show Cause/Order to Answer. (sre)
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Filing 6
RESPONSE filed by USA re: #4 Order to Show Cause/Order to Answer, #1 Motion to Vacate under 28 U.S.C. 2255,, (Gilstrap, Stephen)
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Filing 5
Notice of Substitution of Counsel by AUSA. Stephen S Gilstrap added as AUSA. (Gilstrap, Stephen)
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Filing 4
ORDER: The clerk has served this order and regenerated notice of the motion and supporting documents to the designated Assistant US Attorney. Leigha A Simonton-DOJ for USA added. Answer due by 10/27/2021. Reply due by 11/8/2021. (Ordered by Senior Judge John McBryde on 9/27/2021) (bdb)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Mon Sep 27 16:09:20 CDT 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Fri Sep 24 14:37:45 CDT 2021 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Fri Sep 24 14:09:50 CDT 2021 (crt)
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Filing 3
Standing ORDER Concerning Paper Filing in Cases Assigned to District Judge John McBryde and 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. See order for specifics. (Ordered by Senior Judge John McBryde on 9/22/2021) (Attachments: #1 Partial Suspension of Standing Order) (npk)
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Filing 2
Notice and Instruction to Pro Se Party (npk)
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Filing 1
MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 4:15-CR-199-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)
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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)
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| Petitioner: Jose Lira-Rodriguez | |
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| Respondent: USA | |
| Represented By: | Stephen S Gilstrap |
| Represented By: | Leigha A Simonton-DOJ |
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