CERTIFICATE OF APPEALABILITY (COA) is STANDING
See 28 U.S. Code § 2253 (c)(1)(B)(2)A certificate of appealability may issue under paragraph (1)
only if the applicant has made a substantial showing of the denial of a constitutional right.
Public Access Court Electronic Record
PACER.gov
https://www.pacer.gov/reg_pacer.html
Register, PACER case search, Maine District Court, District of Maine Doc Filing System
Query: upper left, Enter case number 17cr125, Check Sawtelle; Lower left click run query, History/Documents Run query, Doc #s 142-149
(Best to type case numbers similarto this 17 cr125)
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2255 Motions to Vacate Convictions Cases
In dismissing these 2255 motions to vacate, the government lawyers and judges failed to respond to the allegation of ground one which are the same in all § 2255 motion applications. Rule (5)(b).
Ground One:
[Inmate]is being illegally deprived of a substantial constitutional right, his liberty. Congress criminalized marijuana without compelling government reasons therefore without due process of law contravening the 4th and 5th Amendments of the Constitution of the United States and is unconstitutional.”
The courts have denied the being incarcerated is seizure of person and deprivation of their constitutional right of liberty.
U.S. District Courts
Doc. #
U.S.A. v Sawtelle Closed
1:17-cr-00125-JDL-2
17cr125
142 Sawtelle’s § 2255 motion filed
144 USA Response p. 5-7.
147 Recommendation p. 6-7
149 Order COA denied.
No appeal. Law enforcement officials violated Tittle 18 U..S C. 242 Deprivation of rights Under the color of law
U.S.A. v Robinson Closed
3:18-CR-00228-01
18cr228
40 Robinson’s § 2255 Motion.
43
Court order.
44 Court judgment.
45 Court Denies COA.
Tittle 18 U..S C. 242 Deprivation of rights Under the color of law
5th Circuit Court of Appeals
Notice of appeal. Not signed.
Case 20-30945 Document 00515443065 Date filed 06/05/2020
Mississippi, Southern
U.S.A. v. Davison
Open
3:17-CR-149-DPJ-FKB
3;17cr149
In Behalf § 2255. (e)
195 § 2255 Dee's motion in behalf of Mr Davison.
196 § 2255 Court order.
206 In behalf opposition to order.
207 Court order denial opposition to 196.
Davison’s Filing
201 Davison § 2255 motion/
202 § 2255 Court order does not address
allegation of motion.
204 Court Denies Certifcate of Appealibity.
Appealed 5th Circuit Court of Appeals
Open
U.S.A. v.
Davison
Docket No. 20:60293
Two motions have been filed in an appeal to the fifth Circuit Court of Appeals.
Document: 00515420086 Motion Suspension of Rules. (FED. R. APP. P 2) Filed: 05/18/2020
Document: 00515420096 Motion
for Certificate of Appealability. Filed: 05/18/2020
Document: 00515420099 Memorandum of Law in Support. Filed: 05/18/2020
The Government had 10 Days to respond to Motions. No response. (FED. R. APP. P. 27 (a)(3))
The law says the court should act promptly 28 U.S. Code § 2255 (b).
Waiting for Judgment on granting 2255 Motion to vacate. No Government objection to Motion for Certificate of Appealability 2255 Motion to Vacate.
Waiting for Judgment on granting relief in 2255 Motion to vacate marijuana conviction.
U.S.A. v. Bully Closed
1:17-cr-00012-1
17cr12
147 Bully § 2255 Motion in behalf. § 2255 (e).
164 USA Opposition 2255.
168 Mag Judge Report and Recommendation.
U.S.A. v. Doty Closed
I:18-CR-0102-SWS
18cr102
44 Doty § 2255 in behalf § 2255(e).
45 Doty 2255 order: Dee not authorized & dimissed, marijuana not a fundamental right.
Michigan, Western
U.S.A. v. Bachelder Open
1:18-cr-166-04
18cr166
In Behalf and Authorized by Bachelder.
280 Dee’s § 2255 Motion to Vacate
281 Dee’s Mem
282 U.S.A. Ordered to answer allegations
293 Dee’s pleadings denied. No answer filed.
Bachelder filings
§ 2255 Motion
284 Bachelder mem of law
285 U.S.A. ordered to answer allegations.
287 Govt Motion Extension of time.
290 Order on govt motion.
Texas, Northern
U.S.A. v. Ray Open
17:-cr-00010-O(5)
267 Ray’s § 2255 motion filed 4/20/202.
No prompt response from the court. § 2255(e)