Fuentes v. USA (4:21-cv-01328), Texas Northern District Court

Fuentes v. USA

Texas Northern District Court
Judge:	Reed C O'Connor
Case #:	4:21-cv-01328
Nature of Suit	510 Prisoner Petitions - Motions to Vacate Sentence
Cause	28:2255 Motion to Vacate / Correct Illegal Sentence

Case Filed:	Dec 06, 2021
Terminated:	May 25, 2022

Last checked: Monday Jan 10, 2022 8:48 PM CST

Petitioner Sergio Fuentes #52153-177 BOP Beaumont FCI - Low PO Box 26020 Beaumont, TX 77720
Respondent USA	Represented By Leigha A Simonton-DOJ Us Attorney'S Office contact info Amy J Mitchell-DOJ Us Attorney'S Office contact info

GPO May 25 2022
Memorandum Opinion and Order...For the reasons discussed herein, the relief sought in movants motions is DENIED. Further, pursuant to 28 U.S.C. � 2253(c), for the reasons discussed herein, a certificate of appealability is DENIED. (Ordered by Judge Reed C. O'Connor on 5/25/2022) (wxc)

Docket last updated: 3 hours ago

Monday, December 11, 2023
28		28 appeal USCA Opinion Mon 12/11 3:47 PM Opinion of USCA No. 23-10537 in accordance with USCA judgment re21 Notice of Appeal, filed by Sergio Fuentes. The motion for a COA is DENIED as unnecessary, the motion for leave to proceed in forma pauperis is DENIED, and the appeal is DISMISSED as frivolous. (tle) Related: [-]
27		27 appeal USCA Judgment/Mandate Mon 12/11 3:42 PM JUDGMENT/MANDATE of USCA No. 23-10537 as to21 Notice of Appeal, filed by Sergio Fuentes. IT IS ORDERED and ADJUDGED that the appeal is DISMISSED as frivolous. Issued as Mandate: 12/11/2023. (tle) Related: [-]
		Att: 1 USCA5 Cover Letter
Wednesday, July 12, 2023
		appeal Appeal Record Certified/Transmitted Wed 07/12 10:04 AM Record on Appeal for USCA5 23-10537 Related [+]: Record consisting of: 1 ECF Civil electronic record on appeal, 1 ECF Criminal electronic record on appeal(eROA) is certified, 2 Volume(s) electronic transcript, Doc. #75 Volume(s) or container(s) of trial or hearing original exhibits, Sealed or ex parte electronic document number(s): 5 (circuit approval is required for access), 1 Electronic Presentence Report/SOR certified to USCA. PLEASE NOTE THE FOLLOWING: Licensed attorneys must have filed an appearance in the USCA5 case and be registered for electronic filing in the USCA5 to access the paginated eROA in the USCA5 ECF system. (Take these steps immediately if you have not already done so. Once you have filed the notice of appearance and/or USCA5 ECF registration, it may take up to 3 business days for the circuit to notify the district clerk that we may grant you access to the eROA in the USCA5 ECF system.) To access the paginated record, log in to the USCA5 ECF system, and under the Utilities menu, select Electronic Record on Appeal. Pro se litigants may request a copy of the record by[LINK:contacting the appeals deputy] in advance to arrange delivery. [4:21-CR-164-1] (tle) Related: [-] lated to21 appeal
		misc Order Receipt Wed 07/12 10:05 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:. Mailed: Copy of USCA5 Paginated Docket Sheet (EROA) Wed Jul 12 10:05:42 CDT 2023 (crt) Related: [-]
Tuesday, June 06, 2023
26		26 1 pgs order Order on Motion for Leave to Proceed In Forma Pauperis Tue 06/06 9:12 AM ORDER DENYING MOTION TO APPEAL IN FORMA PAUPERIS25 ...Movant, Sergio Fuentes, has filed an amended motion for leave to proceed in forma pauperis on appeal. The certificate of inmate trust account reflects that Movant is able to pay the filing fee. The motion is DENIED and Movant must pay the $505.00 appellate filing fee within thirty days of the date of this order. (Ordered by Judge Reed C. O'Connor on 6/6/2023) (wxc) Related: [-]
		misc Order Receipt Tue 06/06 9:13 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:26. Tue Jun 6 09:13:22 CDT 2023 (crt) Related: [-]
Monday, June 05, 2023
25		25 6 pgs motion Proceed In Forma Pauperis Mon 06/05 3:48 PM MOTION for Leave to Proceed in forma pauperis with certificate of trust account filed by Sergio Fuentes. (fba) Related: [-]
Wednesday, May 31, 2023
24		24 appeal USCA Case Number Wed 05/31 4:22 PM USCA Case Number 23-10537 in United States Court of Appeals 5th Circuit for21 Notice of Appeal, filed by Sergio Fuentes. (tle) Related: [-]
Monday, May 22, 2023
23		23 1 pgs order Order And Notice of Deficiency Mon 05/22 2:22 PM ORDER AND NOTICE OF DEFICIENCY: Movant, Sergio Fuentes, has filed a motion for leave to proceed in forma pauperis on appeal. His motion is not accompanied by a certificate of inmate trust account. Accordingly, the Court directs the Clerk to mail to Plaintiff a certificate of inmate trust account. If Plaintiff wishes to proceed, by June 15, 2023, he must file a completed certificate of inmate trust account or institutional equivalent. Failure to comply with this order may result in the denial of his motion without further notice. (Ordered by Judge Reed C. O'Connor on 5/22/2023) (sre) Related: [-]
22		22 motion Proceed In Forma Pauperis Mon 05/22 11:48 AM MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re21 Notice of Appeal, filed by Sergio Fuentes. (tle) Related: [-]
21		21 appeal Notice of Appeal Mon 05/22 11:47 AM NOTICE OF APPEAL as to20 Order on Motion for Miscellaneous Relief, to the Fifth Circuit by Sergio Fuentes. T.O. form to appellant electronically at[LINK:Transcript Order Form] or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions[LINK:here] . (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (tle) Related: [-]
		misc Order Receipt Mon 05/22 2:26 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:23 and IFP mailed to platiniff. Mon May 22 14:26:28 CDT 2023 (crt) Modified on 5/22/2023 (sre) Related: [-]
Friday, March 31, 2023
		misc Order Receipt Fri 03/31 12:03 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:20. Fri Mar 31 12:03:35 CDT 2023 (crt) Related: [-]
Thursday, March 30, 2023
20		20 1 pgs order Order on Motion for Miscellaneous Relief Thu 03/30 2:07 PM ORDER: To the extent that a certificate of appealability might be required although the19 motion is not one under Rule 60(b)(6), it is DENIED. (Ordered by Judge Reed C. O'Connor on 3/30/2023) (saw) Related: [-]
19		19 motion Miscellaneous Relief Thu 03/30 11:40 AM MOTION for relief from judgment filed by Sergio Fuentes. (tle) Related: [-]
Tuesday, November 22, 2022
18		18 1 pgs order Order on Motion for Miscellaneous Relief Tue 11/22 1:41 PM ORDER denying17 ...The Court has considered the motion of Sergio Fuentes for permission to file out of time notice of appeal and finds that it must be DENIED. Movant does not allege that he did not receive notice of the opinion and final judgment of May 25, 2022. Rather, he alleges that he has not had access to the law library or legal materials due to COVID-19 restrictions. However, he does not allege that anything prevented him from using the mail to send his notice of appeal. Nor does he describe any actions he took to give timely notice of appeal. His motion is untimely under Fed. R. App. P. 4(a)(5), United States v. Rios, No. 20-40453 2020 WL 7978644 (5th Cir. Sept. 4, 2020), and Fed. R. App. P. 4(a)(6) does not apply. (Ordered by Judge Reed C. O'Connor on 11/22/2022) (wxc) Related: [-]
17		17 motion Miscellaneous Relief Tue 11/22 10:04 AM Motion to File Out of Time Notice of Appeal filed by Sergio Fuentes (wxc) Related: [-]
		misc Order Receipt Tue 11/22 1:41 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:18. Tue Nov 22 13:41:44 CST 2022 (crt) Related: [-]
Wednesday, May 25, 2022
16		16 1 pgs order Judgment Wed 05/25 11:30 AM FINAL JUDGMENT... The court ORDERS, ADJUDGES, and DECREES that all relief sought by Sergio Fuentes in the motions he filed under 28 U.S.C. ' 2255 to vacate, set aside, or correct sentence by a person in federal custody be, and is hereby, DENIED. (Ordered by Judge Reed C. O'Connor on 5/25/2022) (wxc) Related: [-]
15		15 9 pgs order Memorandum Opinion and Order Wed 05/25 11:27 AM Memorandum Opinion and Order...For the reasons discussed herein, the relief sought in movants motions is DENIED. Further, pursuant to 28 U.S.C. � 2253(c), for the reasons discussed herein, a certificate of appealability is DENIED. (Ordered by Judge Reed C. O'Connor on 5/25/2022) (wxc) Related: [-]
		misc Order Receipt Wed 05/25 11:31 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:15,16. Wed May 25 11:31:22 CDT 2022 (crt) Related: [-]
Tuesday, May 24, 2022
14		14 respm Reply Wed 05/25 10:35 AM Reply filed by Sergio Fuentes re:13 Response (wxc) Related: [-]
Tuesday, May 03, 2022
13		13 19 pgs respm Response/Objection Tue 05/03 2:59 PM RESPONSE filed by USA re:12 Order on Motion for Extension of Time,6 Motion to Vacate under 28 U.S.C. 2255,, (Mitchell-DOJ, Amy) Related: [-]
Monday, April 04, 2022
12		12 1 pgs order Order on Motion for Extension of Time Mon 04/04 9:15 AM ORDER granting11 ...The Court finds that the governments second motion for extension of time should be granted. By May 3, 2022, the government shall file its response to the motions under � 2255. Movant will have thirty days from the filing of the governments response to file his reply, if any. (Ordered by Judge Reed C. O'Connor on 4/4/2022) (wxc) Related: [-]
		misc Order Receipt Mon 04/04 9:16 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Mon Apr 4 09:16:21 CDT 2022 (crt) Related: [-]
Friday, April 01, 2022
11		11 motion Extension of Time Fri 04/01 4:59 PM Second MOTION to Extend Time to Respond to Section 2255 Motion filed by USA (Mitchell-DOJ, Amy) Related: [-]
Wednesday, March 02, 2022
10		10 1 pgs order Order Consolidating Cases Wed 03/02 5:01 PM ORDER...The Court has considered the motions filed by the government in the above-captioned cases to consolidate and for extension of time to respond and finds that they should be granted. The parties will use the caption set forth above in all further filings. By April 3, 2022, the government shall file its response to the motions under � 2255. Movant will have thirty days from the filing of the governments response to file his reply, if any. CONSOLIDATING CASES: Member case(s) 4:21-CV-1329-O consolidated with lead case 4:21-CV-1328-O. (Ordered by Judge Reed C. O'Connor on 3/2/2022) (wxc) Related: [-]
9		9 3 pgs motion Consolidate Cases Extension of Time Wed 03/02 1:58 PM MOTION to Consolidate Cases, MOTION to Extend Time to Respond to Section 2255 Motion filed by USA. (Mitchell-DOJ, Amy) Related: [-]
		misc Order Receipt Wed 03/02 5:01 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:10. Wed Mar 2 17:01:51 CST 2022 (crt) Related: [-]
Thursday, January 06, 2022
8		8 2 pgs notice Notice of Substitution of Counsel - AUSA - AFPD Thu 01/06 4:05 PM Notice of Substitution of Counsel by AUSA. Amy J Mitchell-DOJ added as AUSA. (Mitchell-DOJ, Amy) Related: [-]
Tuesday, January 04, 2022
7		7 1 pgs order Order to Show Cause/Order to Answer Tue 01/04 9:45 AM Order to Show Cause, Notice, and Instructions to Parties. The clerk has served this order and will regenerate notice of the motion and supporting documents to the designated Assistant US Attorney. Leigha A Simonton-DOJ for USA added. Deadline to reply to the answer is 30 days. (Ordered by Judge Reed C. O'Connor on 1/4/2022) (wxc) Related: [-]
		misc Order Receipt Tue 01/04 9:45 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Jan 4 09:45:53 CST 2022 (crt) Related: [-]
Monday, January 03, 2022
6		6 12 pgs mot2255 Motion to Vacate under 28 U.S.C. 2255 Mon 01/03 4:52 PM Motion to Vacate under 28 U.S.C. 2255 (Criminal Case Number 4:19-cr-00164-O-1) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (wxc) Related: [-]
Thursday, December 16, 2021
5		5 1 pgs order Order on Motion to Appoint Counsel Thu 12/16 8:40 AM ORDER denying4 Motion for Appointment of Counsel. (Ordered by Judge Reed C. O'Connor on 12/16/2021) (twd) Related: [-]
		misc Order Receipt Thu 12/16 8:42 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Thu Dec 16 08:42:00 CST 2021 (crt) Related: [-]
Wednesday, December 15, 2021
4		4 motion Appoint Counsel Wed 12/15 4:47 PM Motion to Appoint Counsel filed by Sergio Fuentes (wxc) Related: [-]
Thursday, December 09, 2021
		misc Order Receipt Thu 12/09 9:21 AM ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. 2255 Form Thu Dec 9 09:21:22 CST 2021 (crt) Related: [-]
Wednesday, December 08, 2021
3		3 1 pgs order Order And Notice of Deficiency Thu 12/09 9:18 AM NOTICE OF DEFICIENCY AND ORDER: The Court directs the Clerk to mail to movant the appropriate form for filing a motion under � 2255. By January 7, 2022, movant must completely fill out the form, sign it, and file it with the Clerk. Failure to comply with this order may result in the dismissal of the motion without further notice. Fed. R. Civ. P. 41(b). (Ordered by Judge Reed C. O'Connor on 12/8/2021) (wxc) Related: [-]
Tuesday, December 07, 2021
		misc Order Receipt Tue 12/07 3:06 PM ***Clerk's Notice of delivery: (see NEF for details) Docket No:2. Tue Dec 7 15:06:21 CST 2021 (crt) Related: [-]
Monday, December 06, 2021
2		2 notice Notice and Instruction to Pro Se Party Tue 12/07 3:04 PM Notice and Instruction to Pro Se Party (wxc) Related: [-]
1		1 mot2255 Motion to Vacate under 28 U.S.C. 2255 Tue 12/07 3:02 PM MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 4:19-CR-164-O) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here:[LINK:Attorney Information - Bar Membership] . If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (wxc) Related: [-]
		qcref O' Connor (FORT WORTH CASES) Tue 12/07 3:03 PM New Case Notes: A filing fee is not due for this case. No prior sanctions found. (For court use only - links to the[LINK:national] and[LINK:circuit] indexes.) File to: Appropriate Staff Attorney. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (wxc) Related: [-]

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