Frater v. USA

Arizona District Court
Judge:David G Campbell
Referred: Michelle H Burns
Case #: 2:19-cv-02168
Nature of Suit510 Prisoner Petitions - Motions to Vacate Sentence
Cause28:2255 Motion to Vacate / Correct Illegal Sentence
Case Filed:Mar 29, 2019
Terminated:Apr 30, 2020
Petitioner
David Lee Frater
Respondent
USA

GPO Feb 28 2020
REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that Movant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (CV Doc. 1; CR Doc. 178) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. See document for complete details. Signed by Magistrate Judge Michelle H Burns on 2/28/2020. (MSA)
GPO Apr 30 2020
pauperis on appeal are denied. The Clerk shall enter judgment and terminate this action. Signed by Senior Judge David G Campbell on 4/30/20. (DXD)ORDER ADOPTING REPORT AND RECOMMENDATION re: 15 Report and Recommendation. Frater's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Doc. 1) is denied. A certificate of appealability and leave to proceed in forma
GPO Jun 25 2020
ORDER - Frater's Request for an independent panel rehearing of the dismissal of his § 2255 motion (Doc. 24) is construed as a Notice of Appeal to the Ninth Circuit Court of Appeals. The Clerk shall docket the request as a Notice of Appeal filed on May 15, 2020. Signed by Senior Judge David G Campbell on 6/25/20. (DXD)
GPO Jul 17 2020
; of the dismissal of his § 2255 motion (Doc. 24) is denied. Signed by Senior Judge David G Campbell on 7/16/20. (DXD) *Modified document type on 7/20/2020 (SCH).*ORDER granting 28 Motion to Withdraw the Notice of Appeal. The Clerk shall withdraw the Notice of Appeal (Doc. 26 as to 20-16255) and notify the Ninth Circuit of the withdrawal. Frater's request for an "independent panel rehearing"

Docket last updated: 09/22/2026 11:59 PM MST
Monday, October 19, 2020
35 35 notice Notice (Other) Wed 10/21 12:49 PM
NOTICE of Filings by David Lee Frater. (1 page) (GMP)
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34 34 notice Notice of Change of Address (Party) Tue 10/20 12:42 PM
NOTICE OF PARTY'S CHANGE OF ADDRESS by David Lee Frater: #33288-408, FCI Marianna Florida, PO Box 7007, Marianna, FL 32447. (SLQ) (1 page)
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Tuesday, September 15, 2020
33 33 appeal USCA Order Tue 09/15 9:59 AM
ORDER of USCA 20-16509 and 20-16255 NO. 20-16255 DISMISSED; NO. 20-16509 DENIED. re:26 Notice of Appeal filed by David Lee Frater,30 Notice of Appeal filed by David Lee Frater. (GMP)
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Monday, August 10, 2020
32 32 notice Notice (Other) Fri 08/14 8:24 AM
NOTICE of Conditional Demand re:30 Notice of Appeal by David Lee Frater. (SST) (8 pages)
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Friday, August 07, 2020
31 31 appeal USCA Case Number Fri 08/07 11:16 AM
USCA Case Number re:30 Notice of Appeal. Case number 20-16509 Ninth Circuit. (GMP)
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Monday, August 03, 2020
30 30 appeal Notice of Appeal Wed 08/05 3:49 PM
NOTICE OF APPEAL to 9th Circuit Court of Appeals re:29 Order on Motion to Withdraw by David Lee Frater. (4 pages) (GMP)
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Friday, July 17, 2020
29 29 4 pgs order Order on Motion to Withdraw Fri 07/17 8:42 AM
ORDER granting28 Motion to Withdraw the Notice of Appeal. The Clerk shall withdraw the Notice of Appeal (Doc.26 as to 20-16255 and notify the Ninth Circuit of the withdrawal. Frater's request for an "independent panel rehearing" of the dismissal of his § 2255 motion (Doc.24 ) is denied. Signed by Senior Judge David G Campbell on 7/16/20. (DXD)
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Friday, July 10, 2020
28 28 motion Withdraw Tue 07/14 8:31 AM
MOTION to Withdraw Motion to Appeal and Request the Judicial Rehearing Be Granted by David Lee Frater. (SLQ) (7 pages)
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Friday, June 26, 2020
27 27 appeal USCA Case Number Fri 06/26 3:19 PM
USCA Case Number re:26 Notice of Appeal. Case number 20-16255 Ninth Circuit. (LAD)
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Thursday, June 25, 2020
25 25 3 pgs order Order on Motion for Miscellaneous Relief Thu 06/25 4:54 PM
ORDER - Frater's Request for an independent panel rehearing of the dismissal of his § 2255 motion (Doc.24 ) is construed as a Notice of Appeal to the Ninth Circuit Court of Appeals. The Clerk shall docket the request as a Notice of Appeal filed on May 15, 2020. Signed by Senior Judge David G Campbell on 6/25/20. (DXD)
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Friday, May 15, 2020
26 26 appeal Notice of Appeal Thu 06/25 4:55 PM
NOTICE OF APPEAL to 9th Circuit Court of Appeals re:23 Clerks Judgment,22 Order by David Lee Frater (6 pages). (DXD)
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24 24 motion Miscellaneous Relief Mon 05/18 2:10 PM
MOTION for an Independent Panel Re-Hearing of the Dismissal of My 2255 Motion to Dismiss, Ordered by Judge David Campbell by David Lee Frater. (SLQ) (6 pages)
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Thursday, April 30, 2020
23 23 order Clerks Judgment Thu 04/30 2:51 PM
CLERK'S JUDGMENT - Adopting the Report and Recommendation of the Magistrate Judge as the order of this court; movant's motion pursuant to 28 U.S.C. 2255 to vacate, set aside or correct a sentence is denied and the civil action opened in connection is hereby dismissed. (DXD)
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22 22 5 pgs order Order Adopting Report and Recommendation Thu 04/30 2:50 PM
ORDER ADOPTING REPORT AND RECOMMENDATION re:15 Report and Recommendation. Frater's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Doc.1 ) is denied. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk shall enter judgment and terminate this action. Signed by Senior Judge David G Campbell on 4/30/20. (DXD)
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Monday, April 20, 2020
21 21 misc Response Tue 04/21 10:40 AM
RESPONSE and Rebuttal re:19 REPLY to Objection to15 Report and Recommendation by Petitioner David Lee Frater. (SLQ) (10 pages. Note that this document appears to be a near-duplicate of document20 )
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Friday, April 17, 2020
20 20 misc Response Mon 04/20 8:51 AM
RESPONSE and Rebuttal re:19 REPLY to Objection to15 Report and Recommendation by Petitioner David Lee Frater. (SLQ) (9 pages)
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Wednesday, April 01, 2020
19 19 misc Response Wed 04/01 11:46 PM
RESPONSE re:18 Objection to Report and Recommendations by Petitioner David Lee Frater. (Besancon, Jillian)
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Tuesday, March 17, 2020
18 18 respoth Objection to Report and Recommendation Wed 03/18 4:16 PM
OBJECTION Related [+] to15 Report and Recommendation filed by David Lee Frater. (SST) (5 pages)
Related: [-] sponse
17 17 notice Notice (Other) Wed 03/18 4:13 PM
NOTICE by David Lee Frater. (SST) (1 page, titled "Cover Letter")
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Friday, February 28, 2020
16 16 respoth Objection to Report and Recommendation Mon 03/02 3:22 PM
OBJECTION to15 Report and Recommendation filed by David Lee Frater. (24 pages) (GMP)
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15 15 motion Report and Recommendation Fri 02/28 3:24 PM
REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that Movant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (CV Doc.1 ; CR Doc. 178 ) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. See document for complete details. Signed by Magistrate Judge Michelle H Burns on 2/28/2020. (MSA)
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Thursday, February 13, 2020
14 14 misc Supplement Thu 02/13 3:28 PM
SUPPLEMENTAL Request re:13 MOTION for Assistance by Petitioner David Lee Frater (5 pages). (DXD)
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Friday, February 07, 2020
13 13 motion Miscellaneous Relief Mon 02/10 2:58 PM
MOTION for Assistance by David Lee Frater. (3 pages)(GMP)
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Monday, January 20, 2020
12 12 notice Notice of Attorney Appearance/Substitution - USA Mon 01/20 2:25 PM
NOTICE OF ATTORNEY SUBSTITUTION: Jillian Besancon appearing for USA. Attorney Robert Ian Brooks and Vincent Quill Kirby - Inactive terminated. . (Besancon, Jillian)
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Monday, July 22, 2019
11 11 misc Response Wed 07/24 2:05 PM
RESPONSE re:10 Order on Motion for Miscellaneous Relief by Petitioner David Lee Frater. (7 pages) (MSA)
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Wednesday, July 10, 2019
10 10 1 pgs order Order on Motion for Miscellaneous Relief Wed 07/10 12:33 PM
ORDER denying8 Movant's motion to waive copying requirements. See document for complete details. Signed by Magistrate Judge Michelle H Burns on 7/9/19. (MSA)
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Thursday, June 27, 2019
9 9 misc Reply to Response to Motion (2255) Mon 07/01 4:09 PM
REPLY TO7 Response to Motion (2255) filed by David Lee Frater. (33 pages) (MSA)
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Thursday, June 20, 2019
8 8 motion Miscellaneous Relief Fri 06/21 1:32 PM
MOTION Waive Requirement to File Multiple Copies by David Lee Frater. (3 pages) (MSA)
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Monday, June 03, 2019
7 7 misc Response to Motion (2255) Mon 06/03 3:41 PM
RESPONSE TO1 Motion to Vacate/Set Aside/Correct Sentence (2255) . filed by USA.(Brooks, Robert)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 2
Thursday, April 18, 2019
6 6 misc Prisoner Trust Fund Account Statement Fri 04/19 2:42 PM
Additional Attachments to Prisoner Trust Fund Account Statement by David Lee Frater. (3 pages) (GMP)
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Monday, April 15, 2019
5 5 notice Notice of Change of Address (Party) Wed 04/17 9:04 AM
NOTICE OF PARTY'S CHANGE OF ADDRESS by David Lee Frater: #33288-408, USP Yazoo City U.S. PENITENTIARY P.O. BOX 5000 YAZOO CITY, MS 39194. (GMP)
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Thursday, April 04, 2019
4 4 misc Prisoner Trust Fund Account Statement Fri 04/05 1:20 PM
Prisoner Trust Fund Account Statement by David Lee Frater. (3 pages) (MSA)
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3 3 order Service Order (2255) Thu 04/04 9:28 AM
Service Order (2255): The Clerk of Court must electronically serve a copy of the §2255 Motion (Doc.1 in CV 19-02168 PHX-DGC (MHB)) and this Order on the United States Attorney for the District of Arizona pursuant to Rule 4, Rules Governing Section 2255 Cases, and the Memorandum of Understanding between the United States District Clerk of Court for the District of Arizona and the United States Attorney's Office for the District of Arizona. The parties and the Clerk of Court must file all documents related to the § 2255 Motion in the civil case. The United States Attorney for the District of Arizona or his designee has 60 days from the date of service within which to answer the § 2255 Motion. The matter is referred to Magistrate Judge Michelle H. Burns pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a report and recommendation. See document for complete details. Signed by Senior Judge David G Campbell on 4/3/19. (MSA)
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Att: 1 Motion to Vacate, Set Aside or Correct Sentence (2255)
Friday, March 29, 2019
2 2 notice Notice of Assignment Tue 04/02 1:43 PM
NOTICE OF ASSIGNMENT (HLA)
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1 1 mot2255 Motion to Vacate/Set Aside/Correct Sentence (2255) Tue 04/02 1:42 PM
MOTION to Vacate, Set Aside or Correct Sentence (2255) re: Criminal Case No CR 14-1517 PHX-DGC-1 filed by David Lee Frater. (17 pages)(HLA)
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Att: 1 Envelope