Benavides v. United States of America
| Lisa Berenice Benavides |
| The United States of America and United States of America |
| 1:2023cv00122 |
| August 21, 2023 |
| US District Court for the Southern District of Texas |
| Rolando Olvera |
| Fernando Rodriguez |
| Ignacio Torteya |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on October 19, 2023. A more recent docket listing may be available from PACER.
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Filing 23
DKT13 TRANSCRIPT ORDER REQUEST by Lisa Benavides. Transcript is unnecessary for appeal purposes This order form relates to the following: #17 Notice of Appeal, filed.(KimberlyPicota, 4)
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Filing 21
ORDER re: #20 MOTION/APPLICATION to Proceed In Forma Pauperis. ORDERED that by no later than November 7, 2023, Petitioner Lisa Berenice Benavides shall submit to the Court a certified copy of the trust fund account statement (or institutional equivalent) for the six-month period preceding the filing of her notice of appeal. (Signed by Judge Fernando Rodriguez, Jr) Parties notified.(EdnitaPonce, 1)
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**This entry was recorded on the wrong docket (and has been terminated).** Electronic Access to Record on Appeal Provided re: #17 Notice of Appeal to Attorney(s) Michael P. Canty. Attorneys of record at the Circuit may #download the record from the Court of Appeals. (USCA No. 21-20312), filed.(EdnitaPonce, 1) Modified on 10/16/2023 (EdnitaPonce, 1).
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Filing 20
MOTION/APPLICATION to Proceed In Forma Pauperis by Lisa Berenice Benavides, filed. Motion Docket Date 11/2/2023. (EdnitaPonce, 1)
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Filing 19
Notice of Non-Compliance. The appellant (or counsel for the appellant, if represented) has failed to: Pay the notice of appeal filing fee. Submit the DKT13 transcript order form. Parties notified, filed. (Attachments: #1 DKT13) (EfrainGarcia, 1)
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Filing 18
Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions are pending in the District Court: #17 Notice of Appeal. Fee status: Not Paid. COA denied, filed. (Attachments: #1 NOA, #2 DKT-13) (EdnitaPonce, 1)
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Filing 17
NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: #7 Order, Terminate Case, by Lisa Berenice Benavides, filed.(EdnitaPonce, 1)
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Filing 16
Certified Mail Receipt Returned, executed on 9/11/23 re: 14 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (EdnitaPonce, 1)
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Appeal Review Notes re: #17 Notice of Appeal. Fee status: Not Paid. COA denied. The appeal filing fee has not been paid, and appellant is a pro se litigant. No hearings were held in the case - no transcripts. DKT13 transcript order form(s) due within 14 days of the filing of the notice of appeal. Number of DKT-13 Forms expected: 1, filed.(EdnitaPonce, 1)
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Filing 15
Certified Mail Receipt Returned, executed on 9/5/2023 re: 8 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (MaricelaPerez, 1)
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Filing 13
ORDER denying #11 Letter MOTION for Appointment of Counsel.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(EdnitaPonce, 1)
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Filing 12
ORDER denying as moot #2 Motion to Proceed In Forma Pauperis.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(EdnitaPonce, 1)
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Filing 11
Letter MOTION for Appointment of Counsel by Lisa Berenice Benavides, filed. Motion Docket Date 9/26/2023. (JenniferLongoria, 1)
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Filing 10
Certified Mail Receipt Returned, executed on 08/29/2023 re: 6 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (DahlilaRodriguez, 1)
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Filing 9
Certified Mail Receipt Returned, executed on 8/28/23 re: 4 Document(s) Sent - receipt attached, access restricted to court users for privacy reasons -, filed. (JuanitaTabares, 1)
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Filing 7
ORDER AND OPINION denying #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:20-cr-38-2 (Defendant No. 2). Accordingly, the Court DENIES a Certificate of Appealability. The Clerk of Court is directed to close this matter.(Signed by Judge Fernando Rodriguez, Jr) Parties notified.(EdnitaPonce, 1)
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Filing 5
NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (EdnitaPonce, 1) (EdnitaPonce, 1).
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Filing 3
NOTICE to Pro Se Litigant of Case Opening. Party notified, filed. (EdnitaPonce, 1)
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Filing 2
Declaration in Support of Motion to Proceed In Forma Pauperis by Lisa Berenice Benavides, filed. Motions referred to Ignacio Torteya, III. Motion Docket Date 9/11/2023. (EdnitaPonce, 1)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 1:20-cr-38-2 (Defendant No. 2) filed by Lisa Berenice Benavides.(EdnitaPonce, 1)
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