Lin v. USA, No. 3:2012cv00813 - Document 1 (W.D. Ky. 2012)

Court Description: MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 12/20/2012 as to Jian Tian Lin ; all parties will file all subsequent documents pertaining to this action in docket number 3:12-CV-813-H, restyled as Jian Tian Lin v. United States; Clerk s hall enter the following documents, currently docketed under 3:06-CR-90-H, in the 3:12-CV-813-H docket: Motion to Vacate Final Judgment (DN 69), Motion for Extension of Time to File Response to Motion by the United States (DN 70), Order on 8/24/2012 granting Motion for Extension of Time (DN 71), Filing of Official Transcript of Change of Plea (DN 72), Motion for Extension of Time to File Response/Reply to Motion by the United States (DN 74), Order on 10/5/2012 granting Motion for Extension of Ti me to File Response (DN 75), Response to Motion by USA (DN 76), Motion for Extension of Time to File Response/Reply by Jian Tian Lin (DN 77), Order on 11/14/2012 granting Motion for Extension of Time (DN 79), and Reply to Response by Jian Tian Lin (D N 80). Petitioners writ of error coram nobis is SUSTAINED and that on or before January 11, 2013, Petitioner shall file a proposed final judgment in docket number 3:12-CV-813-H; On or before January 11, 2013, either party may request a hearing to determine appropriate proceedings and/or relief consistent with this order. (Attachments: # 1 DN69, # 2 DN70, # 3 DN71, # 4 DN72, # 5 DN74, # 6 DN75, # 7 DN76, # 8 DN77, # 9 DN79, # 10 DN80)cc:counsel (TLB)

Download PDF

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE UNITED STATES OF AMERICA PLAINTIFF v. CRIMINAL NO. 3:06CR-90-H Filed Electronically JIAN TIAN LIN DEFENDANT UNITED STATES UNOPPOSED MOTION TO EXTEND TIME TO RESPOND TO DEFENDANT S MOTION TO VACATE FINAL JUDGMENT Comes the United States of America, by counsel, and respectfully moves this Honorable Court for an extension of time to respond to Defendant s Motion to Vacate Final Judgment. In support of it s motion, the United States would show this Honorable Court the following: On July 3, 2012, the Defendant filed a Motion to Vacate Final Judgment. Soon after, the undersigned AUSA had conversations with the Defendant s attorney with reference to an extension of time to respond, in addition to arranging a time so the parties could try and resolve the issue. Unfortunately, at the time of these conversations, the undersigned AUSA was in the middle of preparing for an 8 defendant marriage fraud conspiracy trial that was set for August 13, 2012. As a result, the undersigned AUSA did not make sure that the parties agreement to extend time for the United States to respond was memorialized in writing and filed with the court. The undersigned AUSA apologizes to the court for this oversight. Upon reviewing the Defendant s Motion to Vacate Final Judgement, the undersigned AUSA will need to obtain transcripts of the change of plea and subsequent sentencing hearings that were conducted in this case to properly address the issues in the Defendant s Motion. 1 Therefore, the United States is moving the court for a two week extension of time to respond to Defendant s Motion to Vacate Final Judgement, beginning from the time that the transcripts become available to the United States. Respectfully submitted, DAVID J. HALE United States Attorney s/Daniel P. Kinnicutt Daniel P. Kinnicutt Assistant U.S. Attorney 717 West Broadway Louisville, Kentucky 40202 (502) 582-5911 Fax: (502) 582-5067 CERTIFICATE OF SERVICE I hereby certify that on August 22, 2012, I electronically filed the foregoing response with the clerk of the court by using the CM/ECF system, which will send a notice of electronic filing to the defendants attorneys in this case. s/Daniel P. Kinnicutt Daniel P. Kinnicutt Assistant U.S. Attorney UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE UNITED STATES OF AMERICA PLAINTIFF v. CRIMINAL NO. 3:06CR-90-H Electronically Filed JIAN TIAN LIN DEFENDANT ORDER Upon the unopposed motion of the United States for an extension of time to respond to Defendant s Motion to Vacate Final Judgment, and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED AND ADJUDGED that the United States Motion for an Extension of Time to Vacate Final Judgment, is GRANTED and the United States shall have two weeks after the transcript of proceedings have been made available to the United States to file their response.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.