Urie v. USA

Filing 1

ORDER Reopening Time to Appeal Denial of Motion Pursuant to 28 U.S.C. 2255. Signed by Judge Ronald M. Whyte on 8/26/11. (jg, COURT STAFF) (Filed on 8/26/2011)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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*E-FILED -8/26/1*
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UNITED STATES OF AMERICA,
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Case No. C-10-04063-RMW
Related Criminal Case: CR-06-00196-RMW

Plaintiff,
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ORDER REOPENING TIME TO APPEAL
DENIAL OF MOTION PURSUANT 28 U.S.C.
§ 2255

vs.
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TROY URIE,
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Defendant.
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Defendant Troy Urie moves to reopen the time to appeal the order denying his motion to set
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aside his conviction pursuant to 28 U.S.C. § 2255. He claims that although the order and judgment
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thereon were entered on May 5, 2011, he did not receive them until July 21, 2011. He filed his
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motion to reopen and his notice of appeal on August 4, 2011. It does appear that Urie did not
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receive the order and judgment which were initially mailed to him. With the benefit of the mailbox
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rule, his motion to reopen and notice of appeal appear timely. See Fed. R. App. Proc. 4(a)(6).
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Therefore, his motion to reopen is granted.
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The district court, however, denied a certificate of appealability, so Urie must obtain a
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certificate of appealability under Fed. R. App. Proc. 22 from the court of appeals before he can
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proceed with his appeal. See Rule 11(a) of the Rules Governing Section 2255 Proceedings.
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DATED: August 26, 2010
RONALD M. WHYTE
United States District Judge

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ORDER REOPENING TIME TO APPEAL
C-10-4063 RMW (RELATED TO CR-06-00196)

UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA,

Case Number: CV10-04063 RMW

Plaintiff,

CERTIFICATE OF SERVICE

v.
TROY URIE,
Defendant.

/

I, the undersigned, hereby certify that I am an employee in the Office of the Clerk, U.S. District
Court, Northern District of California.
That on August 26, 2011, I SERVED a true and correct copy of the attached, by placing said
copy in a postage paid envelope addressed to the person hereinafter listed, by depositing said
envelope in the U.S. Mail, or by placing said copy into an inter-office delivery receptacle located
in the Clerk's office.

Mailed to:
Mudiaga (Troy) Urie
A# 98 409 078
Tacoma Contract Detention Facility
1623 East J Street, Ste. 5, B1
Tacoma, Washington 98421-1615
/s/ JG
Dated: August 26, 2011
Richard W. Wieking, Clerk
By: Jackie Lynn Garcia, Deputy Clerk