Whitener v. USA
Petitioner: Eric Lamount Whitener
Respondent: USA
Case Number: 3:2014cv00600
Filed: October 28, 2014
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Mecklenburg
Presiding Judge: Max O. Cogburn
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate Sentence
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
May 19, 2016 Opinion or Order Filing 58 ORDER denying 56 Motion for Recusal.; granting 20 Motion for Reconsideration. The Clerk's office is instructed to terminate this case. It is further ordered that pursuant to Rule 11(a) of the Rules Governing Section 2254 and Section 2255 Cases, this Court declines to issue a certificate of appealability.. Signed by District Judge Max O. Cogburn, Jr on 5/19/2016. (Pro se litigant served by US Mail.)(chh)
January 5, 2016 Opinion or Order Filing 55 ORDER denying 53 Motion for Subpoena ; denying 54 Motion for Reconsideration. Signed by District Judge Max O. Cogburn, Jr on 1/5/2016. (Pro se litigant served by US Mail.)(chh)
December 17, 2015 Opinion or Order Filing 52 ORDER denying 49 Motion/Objection to the Government's Untimely Filing of Exhibit; denying 50 Motion for Entry of Default and denying 50 Motion to Dismiss ; granting 51 Motion to Amend/Correct Under Rule 15 51 and the court has considered the Objection as amended. Signed by District Judge Max O. Cogburn, Jr on 12/17/15. (Pro se litigant served by US Mail.)(emw)
November 25, 2015 Opinion or Order Filing 46 ORDER allowing the government's request for a brief extension re 43 MOTION for clarification 37 Order on Motion to Strike, Order on Motion for Extension of Time,,, ( Responses due by 12/1/2015). Signed by District Judge Max O. Cogburn, Jr on 11/24/2015. (Pro se litigant served by US Mail.)(chh)
October 22, 2015 Opinion or Order Filing 42 ORDER allowing Petitioner 30 days within which to file any affidavits, declarations, or other evidentiary material in support of his Petition or his Reply. Signed by District Judge Max O. Cogburn, Jr on 10/22/2015. Order mailed to Petitioner at FCI Butner Medium II. (chh)
July 13, 2015 Opinion or Order Filing 37 ORDER granting in part and denying in part 34 Motion to Strike Exhibit 1 of Document 20 ; granting 36 Motion for Extension of Time to File Reply re 20 MOTION for Reconsideration re 12 Order on Motion for Reconsideration ( Replies due by 8/31/2015). Signed by District Judge Max O. Cogburn, Jr on 7/13/2015. (eef)
April 17, 2015 Opinion or Order Filing 25 ORDER denying 24 Pro Se MOTION (Captioned as) Request that the Court's Order Requiring Government's Response to His Rosemond Claim, be Expanded to Also Require a Response on Whether his Bailey Claims are Timely. Signed by District Judge Max O. Cogburn, Jr on 4/17/2015. (eef)
January 29, 2015 Opinion or Order Filing 19 ORDER granting 18 Motion for Reconsideration, upon reconsideration, the courts final decision and Judgment 13 is reaffirmed for the reasons stated in its December 2, 2014, Order 9 and in its December 23, 2014, supplemental Order 12 . Signed by District Judge Max O. Cogburn, Jr on 01/28/2015. (jlk)
January 16, 2015 Opinion or Order Filing 17 ORDERED that petitioners Motion to Subpoena and Compel Testimony, Affidavit or Deposition from Chief Judge Robert Conrad 11 is DENIED. Signed by District Judge Max O. Cogburn, Jr on 01/16/2015. (jlk)
December 23, 2014 Opinion or Order Filing 13 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 12/02/2014. Signed by Clerk, Frank G. Johns on 12/23/2014. (Pro se litigant served by US Mail.)(jlk)
December 2, 2014 Opinion or Order Filing 9 ORDER granting 8 Motion for Reconsideration; FURTHER ORDERED that upon Initial Screening, the contentions raised in the petition are untimely and the petition is DISMISSED WITH PREJUDICE. Signed by District Judge Max O. Cogburn, Jr on 12/2/2014. (Pro se litigant served by US Mail.)(eef)
November 17, 2014 Opinion or Order Filing 7 CLERK'S JUDGMENT is hereby entered in accordance with the Court's Order dated 11/17/2014. Signed by Clerk, Frank G. Johns. (Pro se litigant served by US Mail.)(eef)
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Respondent: USA
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Petitioner: Eric Lamount Whitener
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