United States of America v. Johnson

United States of America v. Johnson

Plaintiff:	United States of America
Defendant:	Victor Johnson
Case Number:	1:2014cv06540
Filed:	August 22, 2014
Court:	US District Court for the Northern District of Illinois
Office:	Chicago Office
County:	XX US, Outside the State of IL
Presiding Judge:	Milton I. Shadur
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
October 29, 2014	Filing 6 MEMORANDUM Opinion and Order. Accordingly this Court finds that on analysis Johnson's response calls for the same conclusion that Rule 4(b) of the Section 2255 Rules describes in a situation where the initial judicial consideration calls for such a determination: "it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief." Johnson's motion is denied on the merits, and this action as well as the motion are dismissed. One last point. Section 2255 Rule 11(a) calls for this Court to issue or deny a certificate of appealability. Here the choice is clear -- it is denied. Johnson is of course free under that Rule to seek such a certificate from the Court of Appeals. Civil case terminated. Signed by the Honorable Milton I. Shadur on 10/29/2014. Mailed notice(tlp, )

Date Filed

Document Text

October 29, 2014

Filing 6 MEMORANDUM Opinion and Order. Accordingly this Court finds that on analysis Johnson's response calls for the same conclusion that Rule 4(b) of the Section 2255 Rules describes in a situation where the initial judicial consideration calls for such a determination: "it plainly appears from the motion, any attached exhibits, and the record of prior proceedings that the moving party is not entitled to relief." Johnson's motion is denied on the merits, and this action as well as the motion are dismissed. One last point. Section 2255 Rule 11(a) calls for this Court to issue or deny a certificate of appealability. Here the choice is clear -- it is denied. Johnson is of course free under that Rule to seek such a certificate from the Court of Appeals. Civil case terminated. Signed by the Honorable Milton I. Shadur on 10/29/2014. Mailed notice(tlp, )

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Defendant: Victor Johnson
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Plaintiff: United States of America
Represented By:	Peter S. Salib
Represented By:	AUSA
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