Harvey v. USA

Filing 6

ORDER by Judge Ronald M. Whyte Denying 4 , 5 Motion Seeking Clarification. (jg, COURT STAFF) (Filed on 5/4/2011)

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*E-FILED - 5/4/11*

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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SAN JOSE DIVISION

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EDWARD HARVEY,

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Plaintiff,

Case No.: C-10-00019 RMW
Related Criminal Case: No. CR-05-00373
RMW

v.
UNITED STATES OF AMERICA,
Defendant.

ORDER ON MOTION SEEKING
CLARIFICATION
[Re Docket Nos. 4 and 5 (Action No. C-1000019 RMW)]

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Defendant Edward Harvey seeks clarification as to whether his motion under 28 U.S.C. §

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2255 which was docketed under the number C-10-00019 RMW on February 7, 2011 has received a

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final ruling. It has. Harvey's confusion undoubtedly results from the fact that the clerk's office gave

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his § 2255 motion a separate case number from his criminal case number but docketed most of the

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events pertaining to the § 2255 motion on the criminal case docket. The confusion may have also

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have resulted from a difficulty in determining how to classify the various papers filed by Harvey.

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Nevertheless, the court's orders themselves (docket numbers 126 and 130 in the criminal case CR-

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05-00373) are captioned with the C-10-00019 number.

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The chronology, therefore, is as follows:

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January 25, 2011: Harvey's § 2255 motion is denied.

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ORDER ON MOTION SEEKING CLARIFICATION
NO. CR-05-00373-RMW

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February 7, 2011: Harvey files notice of appeal

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February 11, 2001: Harvey's request to add additional citations to his motion is granted.

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Court reaffirms denial of § 2255 motion. Court denies certificate of appealability.

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The clerk can close C-10-00019 (criminal file CR-05-00373 has previously been closed).

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To pursue an appeal, Harvey must get the Court of Appeals to issue a certificate of appealability.

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DATED:

5/4/11
RONALD M. WHYTE
United States District Judge

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ORDER ON MOTION SEEKING CLARIFICATION
NO. CR-05-00373-RMW

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Copy of Order electronically mailed to:

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Counsel for the Government:

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Shawna Yen

[e-mail]

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Copy of Ordered mailed to:

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Edward Harvey
c/o F.C.I. Loretto
#39728-039
Federal Correction Institution
P.O. Box 1000
Loretto, PA 15940

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Counsel are responsible for distributing copies of this document to co-counsel that have not
registered for e-filing under the court's CM/ECF program.

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Dated: 5/4/11
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/S/ JG
Chambers of Judge Whyte

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ORDER ON MOTION SEEKING CLARIFICATION
NO. CR-05-00373-RMW

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