Martinez-Vasquez v. United States Of America

Justia Dockets & Filings Fifth Circuit Texas Southern District Martinez-Vasquez v. United States Of America

Martinez-Vasquez v. United States Of America

Plaintiff:	Alejandro Martinez-Vasquez
Defendant:	United States Of America
Case Number:	1:2007cv00091
Filed:	July 2, 2007
Court:	US District Court for the Southern District of Texas
Office:	Brownsville Office
County:	Cameron
Presiding Judge:
Presiding Judge:	John William Black
Presiding Judge:	Andrew S. Hanen
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
January 7, 2009	Filing 34 ORDER: Petioner Alejandro Martinez-Vasquez brings before the Court a Motion to Enlarge Time for Filing Objections to the R&R of the Magistrate Judge, and a Motion for an Order Nunc Pro Tunc premised on Excusable Neglect to Timely Object to the Magist rate's R&R. These 2 documents are docket entries numbers 31 and 33 . Both motions request that the time to filed objections to a Magistrate's R&R issued on 9/16/08, as docket entry 16, be extended. However, that report was superceded by a new report on 12/15/08 (Doc. 28). To the extent that the petioner requested an extension to object to the original report, and that report has now been superceded by a subsequent report, those requests are now moot and those requests are DENIED. The ten day period began anew on 12/15/08, when the superceding R&R was issued by the Court. The Court also takes judicial notice that both reports are substantively identical, with only one sentence being changed to improve readability. Therefore, Peti oner as of today has had four months to object to the substance of the R&R issued by the Court. Moreover, even assuming that the petioner was in fact in transit and thus had no access to a law library or the court documents necessary to respond; that transit ended on 11/07/08. The petioner has had since at least 11/07/08, to object to the Court's R&R, and has given no reason for failing to do as of today. Therefore, unless the petioner shows further cause for not filing his objections to the superseding R&R by 12/26/08, the time for objections to that report has also passed. (Signed by Magistrate Judge Felix Recio) Parties notified. (rnieto)

Date Filed

Document Text

January 7, 2009

Filing 34 ORDER: Petioner Alejandro Martinez-Vasquez brings before the Court a Motion to Enlarge Time for Filing Objections to the R&R of the Magistrate Judge, and a Motion for an Order Nunc Pro Tunc premised on Excusable Neglect to Timely Object to the Magist rate's R&R. These 2 documents are docket entries numbers 31 and 33 . Both motions request that the time to filed objections to a Magistrate's R&R issued on 9/16/08, as docket entry 16, be extended. However, that report was superceded by a new report on 12/15/08 (Doc. 28). To the extent that the petioner requested an extension to object to the original report, and that report has now been superceded by a subsequent report, those requests are now moot and those requests are DENIED. The ten day period began anew on 12/15/08, when the superceding R&R was issued by the Court. The Court also takes judicial notice that both reports are substantively identical, with only one sentence being changed to improve readability. Therefore, Peti oner as of today has had four months to object to the substance of the R&R issued by the Court. Moreover, even assuming that the petioner was in fact in transit and thus had no access to a law library or the court documents necessary to respond; that transit ended on 11/07/08. The petioner has had since at least 11/07/08, to object to the Court's R&R, and has given no reason for failing to do as of today. Therefore, unless the petioner shows further cause for not filing his objections to the superseding R&R by 12/26/08, the time for objections to that report has also passed. (Signed by Magistrate Judge Felix Recio) Parties notified. (rnieto)

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Plaintiff: Alejandro Martinez-Vasquez
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Defendant: United States Of America
Represented By:	James L Turner
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