Becerra v. United States of America
| Carlos Becerra |
| United States of America |
| 4:2020cv02593 |
| July 21, 2020 |
| US District Court for the Southern District of Texas |
| Houston Office |
| Andrew S Hanen |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 14 NOTICE of Appearance by Andrew Sand on behalf of United States of America, filed. (Sand, Andrew) |
Filing 12
MEMORANDUM OPINION AND ORDER: On October 31, 2019, the Magistrate Judge entered a Recommendation (doc. #9 ) that this case should be transferred to the United States District Court for the Southern District of Texas, the court that entered Becerra's convictions and sentence. (Id. at 2). On November 11, 2019, the Petitioner filed objections to the Recommendation. (Doc. #10 ). The Court has carefully reviewed the record in this case, including the Magistrate Judge's Report and Recommendation, and the Petitioner's objections, and the Court finds that the Objections are due to be overruled. In the alternative, the Petitioner "MOVES for DISMISSAL under protest, pursuant to Rule 41 of the Civil Rules of Procedure." (Doc. #10 at 3) (emphasis in original). Because this case is being transferred, the Court declines to rule on his motion. Accordingly, it is ORDERED that the Petitioner's Objections are OVERRULED, the Recommendation of the Magistrate Judge is ADOPTED, and this case is TRANSFERRED to the United States District Court for the Southern District of Texas under 28 U.S.C. 1631. Signed by Chief Judge Emily C. Marks on 7/21/2020. (Attachments: #1 Civil Appeals Checklist) (dmn, )
|
| Case transferred electronically thru CM/ECF transfer to Clerk, USDC, Southern District of Texas. (no pdf) (dmn, ) |
| Filing 11 Case reassigned to Chief Judge Emily C. Marks. Honorable Judge Andrew L. Brasher no longer assigned to the case as presiding judge. (dmn, ) |
| Alternative MOTION to Dismiss under Protest pursuant to Rule 41 of Civil Rules of Procedure by Carlos Becerra. (dmn, ) (no pdf, see Doc. #10 ) |
| Filing 10 OBJECTION to #9 Report and Recommendations by Carlos Becerra. (dmn, ) (entitled "Motion on Order") |
| Filing 9 RECOMMENDATION OF THE MAGISTRATE JUDGE that this case be TRANSFERRED to the United States District Court for the Southern District of Texas under 28 U.S.C. 1631. Objections to R&R due by 11/14/2019. Signed by Honorable Judge Susan Russ Walker on 10/31/2019. (dmn, ) |
|
Filing 8
ORDER ON MOTION: This court construes Becerra's #7 "Notice to the Court" as a Motion for Leave to Amend his 2255 motion (Doc. No. #1 ). It is hereby ORDERED that Becerra's #7 Motion for Leave to Amend his 2255 motion is DENIED as further set out in the order. Signed by Honorable Judge Susan Russ Walker on 10/31/2019. (dmn, )
|
| MOTION for Leave to Amend #1 2255 Motion by Carlos Becerra. (dmn, ) (NO PDF, see Doc. #7 for pdf.) |
| Filing 7 NOTICE to the Court by Carlos Becerra. (dmn, ) |
| Filing 6 BRIEF/MEMORANDUM in Support of #1 Petition for Writ of Habeas Corpus filed by Carlos Becerra. (dmn, ) |
|
Filing 5
ORDER ON MOTION: Petitioner's "Motion for Relief," which the court construes as a Motion for Order to Show Cause (Doc. #4 ) is hereby DENIED. Signed by Honorable Judge Susan Russ Walker on 9/27/2019. (dmn, )
|
| Filing 4 MOTION for Relief by Carlos Becerra. (dmn, ) |
| MOTION for Order to Show Cause by Carlos Becerra. (dmn, ) (NO PDF, see Doc. #4 for pdf.) |
|
Filing 3
ORDER re #1 Petition for Writ of Habeas Corpus filed by Carlos Becerra. It is ORDERED that: 1. The instant 28 U.S.C. 2241 habeas petition be construed as a motion to vacate under 28 U.S.C. 2255. 2. The United States of America shall henceforth be listed as the sole respondent in this case. 3. On or before 10/3/2019, Becerra shall inform the court if he wishes to do one of the following: (a) Continue to proceed only on the claims he presents in the construed 2255 motion; or (b) Amend the construed 2255 motion to assert any additional claims he wishes to assert under 2255 in challenging his conviction and sentence; or (c) Withdraw the construed 2255 motion and dismiss this action. This cause shall proceed as an action under 28 U.S.C. 2255 with the court considering only the claims presented in the construed 2255 motion (Doc. #1 ). Signed by Honorable Judge Susan Russ Walker on 9/18/2019. (dmn, )
|
| Filing 2 Case reassigned to Honorable Judge Susan Russ Walker. Honorable Judge Wallace Capel, Jr no longer assigned to the case as referral judge. (dmn, ) |
| MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Carlos Becerra.(dmn, ) (NO PDF, see Doc. #1 for pdf; and as construed in Doc. #3 Order.) |
| Filing 1 PETITION for Writ of Habeas Corpus, filed by Carlos Becerra. (No Filing Fee - No IFP) (bes, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Texas Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Becerra v. United States of America | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Respondent: United States of America | |
| Represented By: | Appellate Division |
| Represented By: | Andrew Ceejay Sand |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Petitioner: Carlos Becerra | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
