Verkler v. United States of America

Filing 22

MINUTE ORDER denying Petitioner's 21 Motion for Default Judgment authorized by U.S. District Judge John C Coughenour. (TH) (cc: Petitioner via USPS)

Download PDF
Case 2:17-cv-01876-JCC Document 22 Filed 05/29/20 Page 1 of 2 THE HONORABLE JOHN C. COUGHENOUR 1 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 GEORGE VERKLER, 10 11 Petitioner, CASE NO. C17-1876-JCC MINUTE ORDER v. 12 UNITED STATES OF AMERICA, 13 Respondent. 14 15 16 17 The following minute order is made by direction of the Court, the Honorable John C. Coughenour, United States District Judge: This matter comes before the Court on Petitioner’s motion for default judgment (Dkt. No. 18 21.) On August 4, 2015, the Court sentenced Petitioner to 48 months in custody after he pleaded 19 guilty to two counts of theft of public funds and two counts of aggravated identity theft. (Dkt. 20 No. 1 at 1.) The Ninth Circuit dismissed Petitioner’s direct appeal based on the waiver included 21 in his plea agreement. United States v. Verkler, Case No. CR15-0041-JCC, Dkt. Nos. 17 at 15 22 (W.D. Wash. 2015). Petitioner then filed a second appeal of the Court’s rulings on various post- 23 conviction motions, which the Ninth Circuit dismissed in part as untimely and denied in part as 24 meritless. Id., Dkt. No. 76 at 2. Petitioner subsequently filed a § 2255 motion on December 14, 25 2017, raising nineteen grounds for relief. (Dkt. No. 1.) The Court dismissed fourteen grounds 26 and ordered service and a response to the remaining five. (Dkt. No. 5.) After receiving the MINUTE ORDER C17-1876-JCC PAGE - 1 Case 2:17-cv-01876-JCC Document 22 Filed 05/29/20 Page 2 of 2 1 Government’s response, the Court dismissed Petitioner’s remaining five grounds for relief on 2 June 7, 2018, and entered judgment against Petitioner on June 15, 2018. (Dkt. Nos. 11–12.) Nine 3 months later, Petitioner tried to appeal the dismissal by filing a motion spanning 372 pages. (Dkt. 4 No. 16.) The Court explained that Petitioner could not appeal the dismissal without a certificate 5 of appealability. (Dkt. No. 18 at 1.) The Court therefore construed the appeal as an application 6 for a certificate of appealability, which the Court denied. (Id. at 1–2.) 7 Now, almost two years since the Court dismissed this action, Petitioner has again filed a 8 motion spanning hundreds of pages in which Petitioner rehashes many of the same arguments 9 that the Ninth Circuit and the Court have previously rejected. (See Dkt. No. 21 at 1–64.) The 10 Court rejects those arguments for the same reasons that it rejected them before. (See Dkt. No. 18 11 at 1–2.) The motion (Dkt. No. 21) is DENIED. 12 DATED this 29th day of May 2020. 13 William M. McCool Clerk of Court 14 s/Tomas Hernandez Deputy Clerk 15 16 17 18 19 20 21 22 23 24 25 26 MINUTE ORDER C17-1876-JCC PAGE - 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?