Garza v. The United States of America
| Richard Garza |
| The United States of America |
| 4:2023cv03380 |
| September 10, 2023 |
| US District Court for the Southern District of Texas |
| Yvonne Y Ho |
| Ewing Werlein |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Filing 12 AMENDED #1 MOTION, MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 4:19cr232 (Defendant No. 1)( Motion Docket Date 11/22/2023.)Motions referred to Yvonne Y Ho. by Richard Garza, filed. (DarleneHansen, 4) |
Filing 11
ORDER. ORDERED that Case Nos. H: 23-cv-3380 and H: 23-cv-3540 are consolidated into one action under Civil Action No. H:23-cv-3380. Petitioner within fourteen (14) days after the date of this Order, may file in Civil Action No. H:23-cv- 3380 a First Amended Motion Under 28 U.S.C. 2255 in which Petitioner consolidates the claims and allegations that he wishes to include from the original Motion (Document No. #1 ) filed by his former counsel along with the additional claims of his own devise that he wishes to include. It is further ORDERED that the United States shall move, answer, or otherwise plead in response to Petitioner's anticipated First Amended Motion Under 28 U.S.C. 2255 within thirty (30) days after being served with such First Amended Motion. It is further ORDERED that Civil Action No. H:23-cv-3540 is CLOSED, and all filings in this case shall hereafter be made bearing only the case numbers of Civil Action No. H:23-cv-3380 and Criminal No. H:19-cr-00232. The Order entered September 11, 2023 (Document No. #3 ) referring this case to Magistrate Judge Yvonne Ho pursuant to 28 U.S.C. 636(b) (1) and General Order 80-5, is RE-AFFIRMED. (Signed by Judge Ewing Werlein, Jr) Parties notified. (MarilynFlores, 4)
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Filing 10
ORDER Granting #8 Motion to Withdraw as Attorney. Attorney Josh Barrett Schaffer terminated. (Signed by Judge Ewing Werlein, Jr) Parties notified. (MarilynFlores, 4)
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| Filing 9 ADVISORY by Richard Garza, filed.(Schaffer, Josh) |
| Filing 8 MOTION for Josh Schaffer to Withdraw as AttorneyMotions referred to Yvonne Y Ho. by Richard Garza, filed. Motion Docket Date 11/7/2023. (Attachments: #1 Proposed Order)(Schaffer, Josh) |
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Filing 7
ORDER FOR CLARIFICATION. ORDERED that counsel for Mr. Garza in cause no. 4:23-cv-3380 consult with Mr. Garza as to which case Mr. Garza wishes to prosecute and which one should be dismissed without prejudice, and within 21 days after the date of this Order file a Response reporting Mr. Garza's decision. It is further ORDERED that both cases are STAYED for up to 3 weeks to allow Mr. Garza through his attorney Mr. Schaffer to advise the Court as to which of Mr. Garza's two cases will proceed and which will be dismissed without prejudice. (Signed by Judge Ewing Werlein, Jr) Parties notified. (MarilynFlores, 4)
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| Filing 6 NOTICE of Appearance by JOHN REED on behalf of The United States of America, filed. (Reed, John) |
| Filing 4 BRIEF in Support of a Petition for a Writ of Habeas Corpus of a Person in Federal Custody re: #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 4:19-cr-00232 (Defendant No. 1) by Richard Garza, filed. (Attachments: #1 Exhibit PX 1--Garza Declaration)(Schaffer, Josh) |
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Filing 3
ORDER REFERRING CASE to Magistrate Judge Yvonne Y Ho(Signed by Judge Ewing Werlein, Jr) Parties notified.(JacquelineMata, 4)
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Filing 2
ORDER TO RESPOND. The United States must answer the motion by November 10, 2023. (Signed by Judge Ewing Werlein, Jr) Parties notified.(JacquelineMata, 4)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. 4:19-cr-00232 (Defendant No. 1) filed by Richard Garza.(JacquelineMata, 4) |
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| Petitioner: Richard Garza | |
| Represented By: | Josh Barrett Schaffer |
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| Respondent: The United States of America | |
| Represented By: | Appellate Division |
| Represented By: | John A. Reed |
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