Chavez-Saldierna v. USA
| Mauro Chavez-Saldierna |
| Unknown De Los Santos, Sr, Val Verde Detention Center and USA |
| 2:2023cv00049 |
| October 10, 2023 |
| US District Court for the Western District of Texas |
| David Counts |
| Matthew H Watters |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on October 23, 2023. A more recent docket listing may be available from PACER.
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Filing 5
It is therefore ORDERED that Defendants Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. 2241, is CONSTRUED as a Motion to Vacate filed pursuant to 28 U.S.C. 2255 - #1 . It is further ORDERED that Defendant shall have up to and including November 27, 2023 to: (1) withdraw his present motion, by filing a Notice of Withdrawal; (2) file a Notice of Consent, stating that he wishes to proceed with his instant submission, construed as a Motion to Vacate pursuant to 28 U.S.C. 2255; or (3) amend his instant filing so that it contains all the 2255 claims he believes he has. Failure to take one of the three actions outlined above within the time specified by the Court will result in the dismissal, without prejudice, of the 2255 Motion to Vacate without further notice. It is lastly ORDERED that the Clerk of the Court: (1) file this 2241 as a 2255 Motion to Vacate in his criminal case (DR:22-CR-00346); (2) convert his current civil case (DR:23-CV-00049) from a 2241 into the companion civil cause opened when a 2255 is filed; (3) file a copy of this Order in both the criminal and civil cases; (4) link the criminal and civil cases in CM/ECF; (5) change the caption of the case to reflect the United States of America as the sole Respondent; (6) notate his current due date of November 27, 2023 on the docket; and, (7) withdraw the referral to the Magistrate Judge. Signed by Judge David Counts. (jaw)
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| CASE NO LONGER REFERRED to Magistrate Judge Matthew H. Watters. (jaw) |
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Filing 4
ORDER REASSIGNING CASE. Case reassigned to Judge David Counts for all proceedings. Chief Judge Alia Moses no longer assigned to case. Signed by Chief Judge Alia Moses. (jaw)
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| Filing 3 Filing fee received in the amount of $5.00, receipt number 1164 (jaw) |
| Filing 2 JS44 (Civil Cover Sheet) submitted by Mauro Chavez-Saldierna. (jaw) |
| Filing 1 Petition for Writ of Habeas Corpus, filed by Mauro Chavez-Saldierna.(jaw) |
| Case assigned to Chief Judge Alia Moses. Chief Judge Alia Moses no longer assigned to the case. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (jaw) |
| CASE REFERRED to Magistrate Judge Matthew H. Watters. (jaw) |
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