Guo v. United States of America

Petitioner: Yong Guo
Respondent: United States of America
Case Number: 2:2018cv01055
Filed: July 16, 2018
Court: US District Court for the Western District of Washington
Office: Seattle Office
County: Pierce
Presiding Judge: Marsha J Pechman
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. § 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 22, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 22, 2019 Filing 29 ORDER OF USCA (18-35894) as to #24 Notice of Appeal filed by Yong Guo. (GT)
March 15, 2019 Filing 28 MANDATE of USCA (18-35894) as to #24 Notice of Appeal filed by Yong Guo. The request for a certificate of appealability (Docket Entry No. 4) is denied because appellant has not shown that jurists of reason would find it debatable whether the [section 2255 motion] states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling. Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also 28 U.S.C. 2253(c)(2); Gonzalez v. Thaler, 565 U.S. 134, 140-41 (2012); Miller-El v. Cockrell, 537 U.S. 322, 327 (2003). Any pending motions are denied as moot. DENIED. (GT)
November 6, 2018 Filing 27 ORDER denying #26 Motion for Certificate of Appealability signed by Judge Marsha J. Pechman (cc: USCA via ECF, petitioner via US Mail) (CDA)
November 1, 2018 Filing 26 MOTION/ORDER of USCA for Certificate of Appealability (18-35894) - The district court has not issued or declined to issue a certificate of appealability in this appeal, which appears to arise under 28 U.S.C. 2255. Accordingly, this case is remanded to the district court for the limited purpose of granting or denying a certificate of appealability at the courts earliest convenience. (CDA)
October 24, 2018 Filing 25 USCA Case Number 18-35894 for #24 Notice of Appeal filed by Yong Guo. (CDA)
October 19, 2018 Filing 24 NOTICE OF APPEAL to Ninth Circuit ( 18-35894 FEE NOT PAID) re #22 Judgment by Court, #21 Order on Motion to Vacate/Set Aside/Correct Sentence (2255), Terminate Motions, by Petitioner Yong Guo. (CDA) Modified on 10/25/2018 to add CCA # (CDA).
October 12, 2018 Filing 23 SUPPLEMENTAL ANSWER to #15 RESPONSE by Respondent United States of America dated on 8/28/18, and Supplement of the Tenth Denial of his Constitutional Rights by Petitioner Yong Guo (TH)
October 5, 2018 Filing 22 JUDGMENT BY COURT: THE COURT HAS ORDERED THAT Petitioner Yong Guo's petition to vacate, set aside, or correct his sentence under 28 U.S.C. 2255 is DENIED. This matter is hereby DISMISSED WITH PREJUDICE. (PM) cc: petitioner via first class mail
October 5, 2018 Filing 21 ORDER denying Petitioner's #1 Motion to Vacate, Set Aside or Correct Sentence (2255) and dismissing this action with prejudice. The Court also DENIES AS MOOT Petitioner's Motion to Order U.S. to Surrender Critical Evidence (Dkt. No. #11 ), Motions for Reconsideration (Dkt. Nos. #12 , #13 ), and Motion to Proceed Before a Jury (Dkt. No. #17 ). Signed by Judge Marsha J. Pechman. (PM) cc: petitioner via first class mail
September 24, 2018 Filing 20 NEW DISCOVERY that United States is the party who breached the plea agreement and a summary of the denials of his constitutional rights, filed by Petitioner Yong Guo. (PM)
September 17, 2018 Filing 19 REPLY, filed by Petitioner Yong Guo, TO RESPONSE to #15 Response to 2255 Petition (SWT)
September 17, 2018 Filing 18 MINUTE ORDER re: #16 Request filed by Yong Guo. The United States is ordered to serve a copy of its #15 Response on Petitioner via Certified U.S. Mail within three (3) days of this Order. The #15 Response is re-noted for 10/12/2018. Authorized by Judge Marsha J. Pechman. (PM) cc: Petitioner via first class mail
September 17, 2018 Filing 17 MOTION to Proceed Before a Jury, filed by Petitioner Yong Guo. Noted by Clerk for 10/5/2018, (SWT)
September 10, 2018 Filing 16 REQUEST for United States to Serve Petitioner Documents Sent to Court; filed by Petitioner Yong Guo (SWT)
August 29, 2018 Noting Date Set for Govt's #15 Response to 2255 Petition : Noting Date 9/21/2018, per #5 Order. (PM) cc: NEF and copy of docket report sent to Petitioner via first Class mail
August 28, 2018 Filing 15 RESPONSE, by Respondent United States of America, to #1 Motion to Vacate/Set Aside/Correct Sentence (2255). (Attachments: #1 Exhibit A)(Greenberg, Todd) (PM).
August 16, 2018 Filing 14 EXHIBITS: Petitioner's Discovered Discrepancies Among the DHS Evidentiary Submissions to the Court Dated 6/6/2018, filed by Petitioner Yong Guo (Attachments: #1 Exhibit)(SWT)
August 16, 2018 Filing 13 MOTION for Reconsideration re #10 Order on Motion for TRO, filed by Petitioner Yong Guo. Noted by Clerk for 8/16/2018, (SWT)
August 16, 2018 Filing 12 MOTION for Reconsideration re #9 Order on Motion to Appoint Counsel, filed by Petitioner Yong Guo. Noted by Clerk for 8/16/2018, (SWT)
August 16, 2018 Filing 11 MOTION to Order US to Surrender Critical Evidence and Partial Evidential Submissions, filed by Petitioner Yong Guo. Noted by Clerk for 8/31/2018, (SWT)
August 9, 2018 Filing 10 ORDER denying Petitioner's #8 Motion for Emergency Protective Order and Temporary Restraining Order, signed by Judge Marsha J. Pechman. (SWT) (cc: Petitioner via USPS)
August 9, 2018 Filing 9 ORDER denying Petitioner's #4 Motion to Appoint Counsel, signed by Judge Marsha J. Pechman. (SWT) (cc: Petitioner via USPS)
August 8, 2018 Filing 8 MOTION for Emergency Protective Order and Temporary Restraining Order, filed by Petitioner Yong Guo. Noted by Clerk for 8/8/2018, (SWT)
August 1, 2018 Filing 7 MINUTE ORDER denying as moot Petitioner's #6 Motion for Leave to Proceed in forma pauperis. Authorized by Judge Marsha J. Pechman. (PM) cc: petitioner via first class mail
July 23, 2018 Filing 6 MOTION for Leave to Proceed In Forma Pauperis, filed by Yong Guo. (PM)
July 19, 2018 Filing 5 ORDER DIRECTING THE UNITED STATES TO ANSWER 2255 PETITION #1 ; Answer due within 45 days of this Order. Signed by Judge Marsha J. Pechman. (PM) cc: Petitioner via first class mail
July 18, 2018 Filing 2 LETTER to Filer re case number and Judge assignment. (SG)
July 16, 2018 Filing 4 MOTION to Appoint Counsel, filed by Petitioner Yong Guo. (SG)
July 16, 2018 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (pursuant to 28 U.S.C. 2255), related to criminal case: 15-CR-000023-MJP., filed by Yong Guo.(SG)

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Petitioner: Yong Guo
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Respondent: United States of America
Represented By: US Attorney Habeas
Represented By: Todd Greenberg
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