Emery v. United States of America
| Steven Lewis Emery |
| United States of America |
| 5:2023cv08033 |
| September 19, 2023 |
| US District Court for the Northern District of Alabama |
| Annemarie Carney Axon |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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Filing 11
NOTICE by United States of America re #10 Order,,,,, Directing the Government to File Copies of the Unredacted Briefs Submitted on Appeal (Attachments: #1 Supplement Order Granting the Government's Motion to Unseal, #2 Supplement Appellant's Brief, #3 Supplement Appellee's Brief)(Barlow, Davis)
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Filing 10
ORDER. After Steven Lewis Emery filed his 28 U.S.C. 2255 motion to vacate, set aside, or correct sentence (doc. 1), this court ordered the government to respond, including by producing "any records of earlier proceedings that are not available in the courts records" (doc. #4 ) (citing Rules Governing Section 2255 Cases, Rule 5(c)). The government did not file any materials. (See doc. [6)]. Mr. Emery's 2255 motion relies in part on the arguments his counsel made in his direct appeal. (Doc. #7 at 12). The government has not provided the court with a copy of the briefs from the appeal. Accordingly, the court ORDERS the government to file those briefs into the record on or before November 14, 2023. The court notes that the briefs filed on appeal were largely redacted, with the complete versions filed under seal. The court therefore DIRECTS the government to either (1) move the Eleventh Circuit to unseal the briefs and then file those briefs on the public record in this case; or (2) move the Eleventh Circuit for permission to share the sealed briefs with this court, after which the government may move to file the briefs under seal in this case. Signed by Judge Annemarie Carney Axon on 10/24/2023. (KAM)
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Filing 9
NOTICE by United States of America re 8 Order,, Notice of Intent to not Amend Response (Barlow, Davis)
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Filing 8
TEXT ORDER. In reviewing the government's #6 response to the court's #4 order to show cause, the court discovered that because of a docketing error, Movant Steven Lewis Emery's memorandum in support of his #1 motion to vacate sentence was not attached or served on the government. The court has rectified that error and the #7 memorandum is now available on the docket. Because the government did not have access to that memorandum when it filed its response, the government may amend its response on or before October 31, 2023. If the government does not wish to amend its response, it should file a notice declining to amend as soon as practicable. Signed by Judge Annemarie Carney Axon on 10/17/2023. (RMM)
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Filing 7
MEMORANDUM IN SUPPORT OF MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE PURSUANT TO 28 U.S.C 2255 by Steven Lewis Emery (deemed filed 12/29/2022). (RMM)
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Filing 6
RESPONSE to re #1 filed by United States of America. (Barlow, Davis)
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Filing 5
NOTICE of Appearance by Davis A Barlow on behalf of United States of America (Barlow, Davis)
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Filing 4
ORDER TO SHOW CAUSE Before the court is Steven Lewis Emery's 28 U.S.C. 2255 motion to vacate, set aside, or correct sentence. (Doc. 1). The court ORDERS the government to appear and show cause in writing within twenty-one days from the entry of this order why the court should not grant the relief requested by Mr. Emery. See Rules Governing Section 2255 Cases, Rule 4(b). The answer or response furnished by the government should provide a thorough discussion of all matters of fact and law relating to Mr. Emery's motion, as well as any records of earlier proceedings that are not available in the courts records. See id., Rule 5(b), (c). Show Cause Response due by 10/11/2023. Signed by Judge Annemarie Carney Axon on 09/20/2023. (RMM)
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Filing 3
NOTICE re: case number as to Steven Lewis Emery. (KSS)
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Filing 2
NOTICE (Letter) by Steven Lewis Emery. (deemed filed 9/12/2023 see order doc. #66 in criminal case 5:19-cr-228-ACA-GMB). (KSS)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Steven Lewis Emery. (deemed filed 12/29/2022-see order doc. #66 in criminal case 5:19-cr-228-ACA-GMB).(KSS)
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| Petitioner: Steven Lewis Emery | |
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| Respondent: United States of America | |
| Represented By: | Davis A Barlow |
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