Sutherland v. USA et al
| Eric C. Sutherland |
| USA and David Paul |
| 5:2022cv00256 |
| September 27, 2022 |
| US District Court for the Eastern District of Kentucky |
| William O Bertelsman |
| P SO |
| Habeas Corpus (General) |
| 28 U.S.C. § 2241 Petition for Writ of Habeas Corpus (federa |
| None |
Docket Report
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This docket was last retrieved on November 22, 2022. A more recent docket listing may be available from PACER.
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Filing 19
MOTION for Relief from a Judgment or Order by Eric C. Sutherland Motions referred to P SO. (Attachments: #1 Envelope post marked 11/18/2022)(SAM)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #19 MOTION Relief from a Judgment or Order by Eric C. Sutherland (SAM)
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Filing 18
ORDER: 1. Sutherland's #13 MOTION for Leave to Appeal in forma pauperis is DENIED WITHOUT PREJUDICE; 2. The Clerk of Court shall mark assigned case number on a Sixth Circuit Form 4 & a Certificate of Inmate Accounts & forward both to Sutherland; 3. Sutherland must either pay the $505.00 appellate filing fee to the Clerk of the Court or (1) have prison staff certify the Certificate of Inmate Account, (2) complete the Sixth Circuit Form 4, and (3) file both of these documents with this Court (the District Court, not the United States Court of Appeals for the Sixth Circuit); 4. Sutherland must take each of these steps within thirty (30) days or the Sixth Circuit may dismiss the appeal for failure to prosecute; 5. The Clerk of the Court shall forward a copy of this Order to the Clerk of the United States Court of Appeals for the Sixth Circuit. Signed by Judge William O. Bertelsman on 11/21/2022.(KM)cc: COR, 6CCA, and Eric Sutherland by US Mail with forms
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Filing 17
USCA Case Number 22-6016 Case Manager Ryan Orme for #16 Notice of Appeal filed by Eric C. Sutherland. (KM)
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Filing 16
NOTICE OF APPEAL by Eric C. Sutherland. (SHORT RECORD MAIL). cc: COR, 6CCA, copy and short record to Dft by USPS (Attachments: #1 Envelope post marked 11/10/2022)(SAM)
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Filing 15
ORDER: denying Petitioner's #11 Motion for Reconsideration. Signed by Judge William O. Bertelsman on 11/15/2022. (MDC) cc: COR and Eric C. Sutherland by US Mail
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***MOTION SUBMITTED TO PSO for review: re #13 MOTION for Leave to Appeal in forma pauperis by Eric C. Sutherland (KM)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #11 MOTION for Reconsideration re #7 Judgment, by Eric C. Sutherland (SAM)
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Filing 11
MOTION for Reconsideration re #7 Judgment, by Eric C. Sutherland. Motions referred to P SO. (SAM) Modified text and date on 11/10/2022 (SAM). (Additional attachment(s) added on 11/10/2022: #1 Envelope post marked 11/04/2022) (SAM).
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Filing 14
Prisoner Trust Fund Account Statement by Eric C. Sutherland, pro se. (Originally mailed to 6CCA). (KM)
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Filing 13
MOTION for Leave to Appeal in forma pauperis by Eric C. Sutherland, pro se. Motions referred to PSO. (KM) (Originally mailed to 6CCA.) Modified text on 11/15/2022 (KM).
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Filing 12
NOTICE OF APPEAL as to #7 Judgment, #6 Memorandum Opinion & Order by Eric C. Sutherland. (SHORT RECORD MAILED). (Originally received by 6CCA on 11/7/2022) (Attachments: #1 6CCA Cover Letter 11/15/2022)(KM)cc: COR, 6CCA, Eric Sutherland with copy of docket sheet
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Filing 10
ORDER: ORDERED that, to the extent that Sutherland's second Memorandum in Support of 2241 Actual Innocence [R. 9] seeks relief from the Court, that request for relief is DENIED.. Signed by Judge William O. Bertelsman on 11/04/2022. (MDC) cc: COR and Eric C. Sutherland by US Mail
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Filing 9
MEMORANDUM IN SUPPORT of #1 Writ of Habeas Corpus filed by Eric C. Sutherland. (Attachments: #1 Request for Withdrawal, #2 Exhibit A- Indictment, #3 Exhibit B- Jefferson Circuit Court Counts, #4 Exhibit C- Record, #5 Exhibit D- Case Summary, #6 Exhibit E- Opinion, #7 Exhibit F- Instructions, #8 Exhibit G- 2422 Coercion and Enticement, #9 Exhibit H- Rule 201, #10 Exhibit I- 706 Scope of Review, #11 Envelope post marked 10/31/2022)(SAM)
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Filing 8
PETITION FOR WRIT OF HABEAS CORPUS Filing fee received - $ 5, receipt number 500000751 (JER)
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Filing 7
JUDGMENT: 1. Petitioner Eric Sutherland's petition for writ of habeas corpus #1 is DISMISSED for lack subject-matter jurisdiction; 2. This is a FINAL and APPEALABLE Judgment and there is not just cause for delay. Signed by Judge William O. Bertelsman on 10/17/2022.(KM)cc: COR and Eric Sutherland by US Mail
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Filing 6
MEMORANDUM OPINION & ORDER: 1. Sutherland's Petition for a writ of habeas corpus #1 is DISMISSED for lack of subject-matter jurisdiction; 2. The Clerk of Court shall send a copy of this Order to the Warden of the institution in which Sutherland is currently confined; 3. Sutherland's custodian shall DEDUCT $5.00 filing fee from fund in the Sutherland's inmate trust fund account & send that amount to the Clerk of Court; 4. Sutherland's #4 MOTION for Leave to File a new BP-199 is DENIED as moot; 5. This action is STRICKEN from the Court's docket' and 6. A corresponding judgment will entered this date. Signed by Judge William O. Bertelsman on 10/17/2022.(KM)cc: COR and Eric. Sutherland, Warden FMC Lexington by US Mail
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Filing 5
Prisoner Trust Fund Account Statement by Eric C. Sutherland, pro se. (JER)
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Filing 4
MOTION for Leave to File New BP-199 by Eric C. Sutherland, pro se. Motions referred to P SO. (Attachments: #1 Envelope bearing 10/7/2022 postmark)(JER)
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***MOTION SUBMITTED TO CHAMBERS of PSO for review: re #4 MOTION for Leave to File New BP-199 by Eric C. Sutherland, pro se. (JER)
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Filing 3
IMPORTANT NOTICE to Pro Se Filer: Information relating to pro se filings and F.R.Civ.P. 5.2 requiring personal identifiers be partially redacted from documents filed with the court. #Click here for more information on the rules. It is the sole responsibility of counsel and the parties to comply with the rules requiring redaction of personal data identifiers.cc: pro se filer via U.S. Mail (Attachments: #1 Sample Filing)(JER)
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Filing 1
PETITION for Writ of Habeas Corpus, filed by Eric C. Sutherland, pro se. No filing fee received. (Attachments: #1 Memorandum in Support, #2 Attachment -Miscellaneous Documents, #3 Envelope bearing 9/23/2022 postmark)(JER) (Attachment 2 replaced on 10/17/2022) (STC). (Additional attachment(s) added on 10/17/2022: #4 Payment request, Prisoner account summary) (STC).
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***FILE SUBMITTED TO CHAMBERS of PSO for review: #1 Petition for Writ of Habeas Corpus (JER)
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Conflict Check run. (JER)
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