UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA - TUCSON DATE: 5/25/2006 CASE NUMBER: CV 04-00876-PHX-SRB(JCG)
MAGISTRATE JUDGE'S MINUTES
"Amended to correct caption" JOSE LUIS LOPEZ vs. USA PETITIONER/DEFENDANT:
: PRESENT 9 NOT PRESENT 9 RELEASED : CUSTODY 9 Appt 9 Ret 9 FPD 9 Spec Appr
INTERPRETER REQ'D Patrick O'Connor
U.S. MAGISTRATE JUDGE: MAGISTRATE JENNIFER C. GUERIN Judge #: 70BR U.S. Attorney Sam Washington for Timothy Duax Attorney for Petitioner/Defendant pro se
This matter comes before the Court as continued from last week, due to the defendant not being transported, to hold a status conference regarding defendant's motion to vacate, memorandum and response to the Government. The Court speaks with the defendant to summarize that Mr. Jose Linares, defendant's friend, has filed numerous motions and requests to file documents on the defendant's behalf and that all to date, have been DENIED. After that, Mr. Lopez files his own motion to vacate, memorandum and response. The Defendant addresses the Court stating that Mr. Linares wrote that motion, memorandum and response for him. The Defendant confirms that all four signatures on those pleadings are in fact, his. The Defendant adopts the pleadings as his own and agrees with all the statements contained therein. Based on the documents/pleadings filed, it is this Court's finding that there is no need for oral argument on the pending motions. Further, this Court will consider all the materials and issue a report and recommendation to the District Judge, in the near future.
Copies to: USA, CNSL, SRB, JCG
Recorded by Courtsmart BY: Beth Harper Deputy Clerk
Case 2:01-cr-00077-SRB
Document 175
Filed 05/25/2006
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