Garza v. United States of America
| Richard Garza |
| United States of America |
| 4:2023cv03540 |
| September 18, 2023 |
| US District Court for the Southern District of Texas |
| 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 3
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 2
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 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) as to Criminal Case No. H-19-232 (Defendant No. 1) filed by Richard Garza.(AngelMireles, 2) |
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| Petitioner: Richard Garza | |
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| Respondent: United States of America | |
| Represented By: | USAAPPDIV |
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