Garvey v. USA

Federal Civil Lawsuit Massachusetts District Court, Case No. 1:08-cv-10353-MLW
District Judge Mark L. Wolf, presiding
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District Judge Mark L. Wolf
Last Updated September 27, 2016 at 6:49 AM EDT (8.3 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
Summary

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Parties
No Logo Joseph P. Garvey, Petitioner
v.
United States of America United States of America, Respondent
Officially listed as "USA"

Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Paul G. Levenson +1 617 748 3147 +1 617 748 3960 paul.levenson@usdoj.gov
Space Carmen M. Ortiz +1 617 748 3159 +1 617 748 3694 carmen.ortiz@usdoj.gov
Attributes
Office Boston
Filed 3/3/2008
Jury Demand None
Demand
Nature of Suit 510 - Taking - Personalty
Cause Section 28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jurisdiction U.S. Government Defendant
Disposition Judgment - Motion Before Trial
County Plymouth
Terminated 1/3/2011
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Defendant Custody Status
Flag CLOSED
Timeline
  Entries (21) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 19 Filed: 1/20/2011, Entered: 1/20/2011 Judgment*Court Filing
Chief Judge Mark L. Wolf: ORDER entered. JUDGMENT (Hohler, Daniel)
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Legal Document (Payment Possibly Required) 18 Filed: 1/4/2011, Entered: 1/4/2011 Order on Motion to WithdrawCourt Filing
Chief Judge Mark L. Wolf: ORDER entered Allowing [17] Motion to Withdraw Ground One and Denying [1] Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255) (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 17 Filed: 1/3/2011, Entered: 1/3/2011, Terminated: 1/4/2011 Motion to Withdraw
MOTION to Withdraw Ground One by Joseph P. Garvey.(Abaid, Kimberly)
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Legal Document (Payment Possibly Required) 16 Filed: 12/28/2010, Entered: 12/28/2010 Notice of Appearance
NOTICE of Appearance by Paul G. Levenson on behalf of USA (Levenson, Paul) (Main Document 16 replaced on 12/29/2010) (Boyce, Kathy). Modified on 12/29/2010 to replace notice of appearance with the notice of appearance including a certificate of cervice (Boyce, Kathy).
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Legal Document (Payment Possibly Required) 15 Filed: 12/23/2010, Entered: 12/23/2010 Memorandum and OrderCourt Filing
Chief Judge Mark L. Wolf: MEMORANDUM AND ORDER entered. Accordingly, it is hereby ORDERED that: 1. Grounds Two through Five raised in the Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. §2255 (Docket No. 1) are DISMISSED. 2. The court will hold an evidentiary hearing regarding Ground One pursuant to §2255 Rule 8 on March 7, 2011, at 9:00 a.m. 3. By January 10, 2011, Garvey shall report whether he is financially eligible for appointment of counsel by submitting thefinancial affidavit appended to this order. 4. By January 28, 2011, Garvey shall report whether he wishes to withdraw Ground One or proceed to the evidentiary hearing. (Attachments: # (1) CJA 23 Form)(O'Leary, Dennis)
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Blank  Filed: None, Entered: None Docket Sheet sent
DOCKET SHEET sent to Joseph Garvey (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 14 Filed: 5/22/2009, Entered: 5/28/2009 Notice of Change of Address or Firm Name
NOTICE of Change of Address and Request for Docket Sheet by Joseph P. Garvey, FILED. (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 13 Filed: 4/3/2009, Entered: 4/8/2009 Letter/request (non-motion)
Letter/request (non-motion) from Joseph P. Garvey, FILED. (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 12 Filed: 1/6/2009, Entered: 1/6/2009 Notice of Appearance
NOTICE of Appearance by Carmen M. Ortiz on behalf of USA (Ortiz, Carmen)
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Legal Document (Payment Possibly Required) 11 Filed: 12/12/2008, Entered: 12/16/2008 Response to 2255 Motion
RESPONSE to [1] Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255) by USA, FILED, c/s. (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 10 Filed: 11/7/2008, Entered: 11/7/2008 Affidavit
AFFIDAVIT of Jack M. Atwood re [5] Order,,, by Jack M Atwood. (Attachments: # (1) Affidavit Jack M. Atwood Affidavit, # (2) Affidavit Marci L. McColloch Affidavit)(Atwood, Jack)
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Blank  Filed: None, Entered: None Notice of correction to docket made by Court staff.
Notice of correction to docket made by Court staff. Correction: Document No. 8, Government's Response to Petitioner's Supplemental Brief corrected: to attach the correc document to docket entry (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 9 Filed: 10/16/2008, Entered: 10/17/2008 Brief
Addendum to Supplemental BRIEF to [8] by Joseph P. Garvey, FILED, c/s. (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 8 Filed: 10/3/2008, Entered: 10/3/2008 Response
Government's Response to [7] Supplemental Brief, FILED, c/s. (Boyce, Kathy) Modified on 10/20/2008 (Boyce, Kathy). (Additional attachment(s) added on 10/20/2008: # (1) Main Document) (Boyce, Kathy).
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Legal Document (Payment Possibly Required) 7 Filed: 9/8/2008, Entered: 9/19/2008 Response
Supplemental Brief by Joseph P. Garvey to [1] Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255), FILED. (Boyce, Kathy)
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Legal Document (Payment Possibly Required) 5 Filed: 8/11/2008, Entered: 8/11/2008 OrderCourt Filing
Chief Judge Mark L. Wolf: ORDER entered. It is hereby ORDERED that: 1. The petitioner Joseph P. Garvey shall, by September 19, 2008, file a supplement to his §2255 Motion...2. By October 3, 2008, the government shall serve a copy of such waiver and supplement, along with a copy of the petitioner's §2255 Motion and supporting memorandum, upon Mr. Atwood; 3. By November 7, 2008, Mr. Atwood shall file an affidavit responding to petitioner Garvey's allegations and setting forth thedetails concerning pertinent conversations, correspondence, and/or relevant documentation exchanged with Garvey either during or after the sentencing hearing concerning the subject of filing an appeal. 4. By December 12, 2008, the government shall respond to the §2255 Motion and file a supporting memorandum.(O'Leary, Dennis)
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Legal Document (Payment Possibly Required) 6 Filed: 8/7/2008, Entered: 8/12/2008 Letter/request (non-motion)
Letter/request (non-motion) to Clerk from Joseph P. Garvey re his 2255 motion, FILED. (Attachments: # (1) Attachments to Letter)(Boyce, Kathy)
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Legal Document (Payment Possibly Required) 4 Filed: 5/23/2008, Entered: 5/27/2008 Response
Supplemental Response by USA to [1] Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255). (Attachments: # (1) Exhibit 1 - USCOA Judgment, # (2) Exhibit Tab 2 -Copy of Proposed Order)(Boyce, Kathy)
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Legal Document (Payment Possibly Required) 3 Filed: 5/8/2008, Entered: 5/13/2008 Response
Response by USA to [1] Motion to Vacate/Set Aside/Correct Sentence (2255), Motion to Vacate/Set Aside/Correct Sentence (2255), FILED, c/s. (Attachments: # (1) Exhibit 1, # (2) Exhibit 2, # (3) Exhibit 3)(Boyce, Kathy)
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Legal Document (Payment Possibly Required) 2 Filed: 4/18/2008, Entered: 4/18/2008 Service Order - 2255 MotionCourt Filing
Chief Judge Mark L. Wolf: ORDER entered. SERVICE ORDER re 2255 Motion. Order entered pursuant to R.4 of the Rules governing Section 2255 cases for service on respondents. Answer/responsive pleading due w/in 20 days of receipt of this order. (O'Leary, Dennis)
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Legal Document (Payment Possibly Required) 1 Filed: 3/3/2008, Entered: 3/3/2008 Motion to Vacate/Set Aside/Correct Sentence - 2255
MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Joseph P. Garvey. (Attachments: # (1) Supplement Argument in support of motion to vacate, # (2) Cover Letter to 2255 motion reguesting that petitioner be sent a copy of his 2255 petition)(Boyce, Kathy) Modified on 3/3/2008: 2255 Petition received for docketing on 2/22/08 (Boyce, Kathy).
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