Legal Opinion
United States v. Loudner
District Court, D. South Dakota
Decided April 29, 2002No. CR 92-30016, CIV 00-3014PublishedCited by 3 opinions
1Opinion of the Court
ORDER
KORNMANN, District Judge.
This is a proceeding brought pursuant to 28 U.S.C. § 2255 by Royce Loudner (“petitioner”). The matter was referred to United States Magistrate Judge Mark Moreno pursuant to 28 U.S.C. § 636(b)(1)(B). Magistrate Moreno proceeded in all things as directed by the district court and issued a report and recommendations (Doc. 129) containing his findings and conclusions after having conducted an evidentiary hearing. We know, of course, that an evidentiary hearing need not be held in these cases. See Rule 8 of the Rules Governing Section 2255 Proceedings. The standard is…
2Cases cited40 opinions
- Schlup v. DeloSupreme Court of the United States · 1995
- Bousley v. United StatesSupreme Court of the United States · 1998
- Herrera v. CollinsSupreme Court of the United States · 1993
- Sawyer v. WhitleySupreme Court of the United States · 1992
- Fisher v. JohnsonCourt of Appeals for the Fifth Circuit · 1999
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3Cited by3 opinions
- Rivera v. NolanDistrict Court, D. Massachusetts · 2008
- Makes Him First v. United StatesDistrict Court, D. South Dakota · 2025
- Vincent D. Newman v. Clay StantonDistrict Court, E.D. Missouri · 2026