Hernandez-DeLuna v. USA

Filing 5

ORDER - The 28 U.S.C. § 2255 motion is denied. The Clerk of the Court shall enter judgment accordingly. Signed by Judge Howard D. McKibben on 2/20/2019. (Copies have been distributed pursuant to the NEF - DRM)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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UNITED STATES OF AMERICA,

3:98-cr-00108-HDM
3:17-cv-00200-HDM

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Plaintiff,
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v.
ORDER

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MATEO HERNANDEZ-DELUNA,

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Defendant.

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On

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May

9,

2017,

this

court

entered

an

order

denying

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Defendant’s petition for relief under 28 U.S.C. § 2255. (ECF No.

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28).

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an order vacating this court’s order and remanded for this court

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to allow Defendant an opportunity to present his position on the

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timeliness of his motion. (ECF NO. 39).

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court entered an order directing Defendant to file supplemental

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pleadings on his position on the timelines of his 28 U.S.C. § 2255

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motion within sixty (60) days. (ECF No. 41).

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Defendant submitted a letter to the court stating that he had not

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received any communications from the court since the case was

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remanded from the Ninth Circuit Court of Appeals. (ECF No. 44).

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On September 4, 2018 the court entered another order directing the

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Clerk of the Court to update the BOP Register Number for the

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On May 2, 2018, the Ninth Circuit Court of Appeals entered

On June 29, 2018, the

On August 29, 2018,

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Defendant and send the Defendant a copy of the docket sheet. (ECF
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No. 45).

Additionally, the court gave Defendant an additional

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sixty (60) days to file supplemental pleadings on his position on
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the timeliness of his 28 U.S.C. § 2255 motion.

(Id.)

There is no

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indication in the record that the Defendant did not receive this
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court’s order of September 4, 2018.
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As of this date, the Defendant has not filed supplemental
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pleadings

as

directed

by

the

court.

The

court

has

provided

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Defendant great leeway to respond to this court’s order, and
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Defendant has failed to do so.

No facts have been presented to

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this court related to the timeliness of Defendant’s 28 U.S.C. §
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2255, and no just cause exists to further extend the time to file
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supplemental pleadings.

Accordingly, Defendant’s 28 U.S.C. § 2255

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motion is denied.

The Clerk of the Court shall enter judgment

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accordingly.
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IT IS SO ORDERED.
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DATED: This 20th day of February, 2019.
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UNITED STATES DISTRICT JUDGE

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