Martinez v. USA
Federal Civil Lawsuit Texas Southern District Court, Case No. 1:03-cv-00221
District Judge Hilda G. Tagle, presiding

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No Logo Mark Anthony Martinez, Petitioner
v.
United States of America United States of America, Respondent

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space Jeffrey Alan Babcock +1 713 567 9363 +1 713 718 3302 jeff.babcock@usdoj.gov
Space James L Turner +1 713 567 9361 +1 713 718 3302 jim.turner@usdoj.gov
Office Brownsville
Filed 12/8/2003
Jury Demand None
Demand $0
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 - Other
County Cameron
Terminated 1/11/2005
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Cases {}, B-00-CR-403-02[], CRB-00-403-02[]
Def Custody Status
Flags 2255, CLOSED, MAG
  Entries (14) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 12 Filed: 1/11/2005, Entered: 1/13/2005 Order Adopting Report and RecommendationsCourt Filing
ORDER ADOPTING REPORT AND RECOMMENDATIONS granting [10] Motion to Dismiss, denying [1] Motion to Vacate, re:[11] Report and Recommendations, .( Signed by Judge Hilda G Tagle ) Parties notified.(rpinales, )
    LREF
    Legal Document 11 Filed: 12/3/2004, Entered: 12/6/2004 Report and RecommendationsCourt Filing
    REPORT AND RECOMMENDATIONS re [10] Motion to Dismiss, Motion Docket Date, [1] Motion to Vacate/Set Aside/Correct Sentence (2255), Motion Docket Date Objections to R&R due by 12/13/2004.( Signed by Judge Felix Recio ) (Attachments: # (1) Proposed Order) Parties notified.(rpinales, )
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    Legal Document (Payment Possibly Required) 10 Filed: 6/1/2004, Entered: 6/1/2004, Terminated: 1/11/2005 Motion to Dismiss
    MOTION to dismiss by USA, Motion Docket Date 6/21/04 [10-1] motion , filed. (part 2 0f 2) (dahumada)
      Request RequestSpace LREF
      Legal Document 10 Filed: 6/1/2004, Entered: 6/1/2004, Terminated: 1/11/2005
      ANSWER to Complaint by USA (Added attorney Jeffrey Alan Babcock), filed. (part 1 of 2) (dahumada)
        LREF
        Legal Document 9 Filed: 4/7/2004, Entered: 4/8/2004 OrderCourt Filing
        ORDER, The Government is hereby ORDERED to respond to Petitioner's Motion to Vacate, Set Aside, or Correct Sentence on or before June 1, 2004. Said response shall include any relevant transcripts and the sentencing record. In addition, the Court would like to take this opportunity to inform the Petitioner that his applicatin to proceed without payment of fees has been received by the clerk's office and is now properly on file. In short, Petitioner has complied with this Court's orders dated January 8, 2004. and February 23,2004. granting [7-1] motion to proceed without prepayment of fees , entered; Parties notified. ( signed by Magistrate Judge Felix Recio ) (rpinales)
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          Legal Document 6 Filed: 2/23/2004, Entered: 2/25/2004 OrderCourt Filing
          ORDER , entered; On January 8, 2004, this Court issued an order directing petitioner to either pay the required filing fee or, alternatively, to submit an application to proceed without prepayment of fees. As of today, February 23, 2004, no response has been received by the Court of the district clerk's office. This case should not have been allowed to proceed without prepayment of fees being submitted. If no response is received in this matter by March 20, 2004, this case will be placed on the dismissal docket. Parties notified. ( signed by Magistrate Judge Felix Recio ) (mperez)
            LREF
            Legal Document 8 Filed: 2/12/2004, Entered: 3/4/2004 Memorandum
            MEMORANDUM by Mark Anthony Martinez in support of [1-1] motion to vacate under 28 U.S.C. 2255 , filed (mperez)
              LREF
              Legal Document 7 Filed: 2/12/2004, Entered: 3/4/2004, Terminated: 4/7/2004 Terminated:
              APPLICATION-MOTION to proceed without prepayment of fees and affidavit by Mark Anthony Martinez, Motion Docket Date 3/3/04 [7-1] motion , filed. (mperez)
                LREF
                Legal Document 5 Filed: 1/8/2004, Entered: 1/8/2004 Court Filing
                ORDER , entered; Pursuant to 28 USC Section 1914 and 1915, the Petitioner is hereby ORDERED to pay the filing fee or file an Application to Proceed Without Prepayment of Fees and Affidavit before he can proceed in this cause of action. The Clerk of Court is hereby ORDERED to send the Petitioner the Application to Proceed Without Prepayment of Fees and Affidavit. Parties notified. ( signed by Magistrate Judge Felix Recio ) (mperez)
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                  Blank -- Filed: 12/16/2003, Entered: 12/18/2003 Case Referred to Magistrate Judge
                  CASE REFERRED to Magistrate Judge Felix Recio (mperez)
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                    Legal Document 4 Filed: 12/12/2003, Entered: 12/18/2003 OrderCourt Filing
                    ORDER , entered; The Court finds Petitioner diligently attempted to file a timely Petition, Petitioner did not intentionally delay filing his Petition, and any delay was either due to excusable neglect and with good cause. Therefore, the Court construes the Petition as timely filed. Parties notified. ( signed by Judge Hilda G. Tagle ) (mperez)
                      LREF
                      Legal Document 3 Filed: 12/8/2003, Entered: 12/9/2003 Declaration
                      DECLARATION of mailing by Mark Anthony Martinez Re: [1-1] motion to vacate under 28 U.S.C. 2255 , filed. (mperez)
                        LREF
                        Legal Document 2 Filed: 12/8/2003, Entered: 12/9/2003 Terminated:
                        MOTION to amend Motion to Vacate by Mark Anthony Martinez, Motion Docket Date 12/28/03 [2-1] motion , filed. (mperez)
                          LREF
                          Legal Document 1 Filed: 12/8/2003, Entered: 12/9/2003 Motion to Vacate/Set Aside/Correct Sentence - 2255
                          MOTION to vacate under 28 U.S.C. 2255 by Mark Anthony Martinez, Motion Docket Date 12/28/03 [1-1] motion , filed. (mperez)
                            LREF

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