Felix-Samaniego v. USA
| Pablo Jacobo Felix-Samaniego |
| USA |
| 5:2021cv00185 |
| September 1, 2021 |
| US District Court for the Northern District of Texas |
| James Wesley Hendrix |
| Prisoner Pet: Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 7
ORDER denying #6 Motion for Order to Show Cause. Castillo-Lopez is not binding upon this Court, and given that the petitioner was convicted of a drug offense, it is wholly irrelevant. Moreover, as a district court order, Carrillo-Lopez cannot serve as a basis to restart the limitations period. 28 U.S.C. 2255(f)(3) (providing that the limitations period may run from "the date onwhich the right asserted was initially recognized by the Supreme Court, if that right has been newly recognized by the Supreme Court and made retroactively applicable to cases on collateral review"). Therefore, the Court denies Pablo Jacobo Felix-Samaniego's Motion to Show Cause. (Ordered by Judge James Wesley Hendrix on 10/15/2021) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Fri Oct 15 15:10:19 CDT 2021 (crt) |
| Filing 6 MOTION TO SHOW CAUSE filed by Pablo Jacobo Felix-Samaniego. (krr) |
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Filing 5
ORDER: Under 28 U.S.C. $ 2255(f),Pablo Jacobo Felix-Samaniego had until 04/23/2021 to file his motion and failed to do so. No cause is shown for the failure to timely file the motion. Therefore, the Court denies Pablo Jacobo Felix-Samaniego's Motion Under 28 U.S.C. 0 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Civ. Dkt. No. #4 ; Cr. Dkt. No. 19 ) as untimely. (Ordered by Judge James Wesley Hendrix on 9/22/2021) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Sep 22 15:47:29 CDT 2021 (crt) |
| Filing 4 AMENDED MOTION TO VACATE under 28 U.S.C. 2255 (Criminal Case Number 5:20-cr-00010-H-BQ-1) 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. (bmh) Modified text on 9/21/2021 (bmh). |
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Filing 3
ORDER TO FILE AN AMENDED MOTION TO VACATE : Petitioner is ORDERED to (l) complete and return the enclosed form used in this Court for actions filed under 28 U.S.C. 2255, or (2) notify the Court that he does not seek relief under Section 2255. Petitioner must comply with this order no later than 30 days from the date of this order. Petitioner's failure to comply with this ordermay result in the dismissal of this action pursuant to Federal Rule of Civil Procedure 4l(b). The Clerk provided to Petitioner, with service of this order, a standard form motion for cases filed under 28 U.S.C. 2255 (labeled "amended"). (Ordered by Judge James Wesley Hendrix on 9/7/2021) (bmh)
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Tue Sep 7 14:31:34 CDT 2021 (crt) |
| Filing 2 Notice and Instruction to Pro Se Party (lkw) |
| Filing 1 MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 5:20-CR-10-H-BQ) 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. (lkw) |
| New Case Notes: A filing fee is not due for this case. (lkw) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1,2. Wed Sep 1 16:32:26 CDT 2021 (crt) |
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| Petitioner: Pablo Jacobo Felix-Samaniego | |
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