Duncan v. USA
| Idaho District Court | |
| Judge: | Edward J Lodge |
| Case #: | 2:17-cv-00091 |
| Nature of Suit | 510 Prisoner Petitions - Motions to Vacate Sentence |
| Cause | 28:2255 Petition for Writ of Habeas Corpus (Federal) |
| Case Filed: | Feb 28, 2017 |
| Terminated: | Nov 15, 2019 |
Interested Party
USMS N/C
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Petitioner
Joseph Edward Duncan III
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Respondent
USA
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GPO
Mar 22 2019
MEMORANDUM DECISION AND ORDER Petitioner's § 2255 Motion to Vacate, Set Aside, or Correct Sentence (CV 1,4) is DENIED IN PART and UNDER ADVISEMENT IN PART. The Petition is denied as to all claims except Claim Nine challenging the constitutionality of the statute charged in Count Seven. Claim Nine is under advisement pending resolution of the cases under consideration by the Ninth Circuit and the United States Supreme Court. Petitioner is directed to notify the Court within 5 days of the appellate courts ruling on the legal issue presented in Claim Nine. The Certificate of Appealability is DENIED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jp) |
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GPO
Nov 15 2019
MEMORANDUM DECISION AND ORDER - IT IS HEREBY ORDERED that Petitioners § 2255 Motion to Vacate, Set Aside, or Correct Sentence (CV Dkts. 1, 4) is DENIED.IT IS FURTHER ORDERED that the Certificate of Appealability is DENIED. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (jd) |
| Docket last updated: 51 minutes ago |
| Wednesday, May 05, 2021 | ||
| 63 | 63
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pgs
order
Order
Wed 05/05 9:12 AM
ORDER. IT IS HEREBY ORDERED as follows The Petition for Writ of Habeas Corpus is DISMISSED AS MOOT. A certificate of appealability is DENIED. The Clerk of the Court is directed to file this Order in both actions listed in the caption and to close both cases. Signed by Judge Edward J. Lodge. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (kt) |
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