Hutchins v. United States of America
| Michael Lee Hutchins |
| United States of America |
| 7:2023cv08042 |
| December 14, 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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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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Filing 7
ORDER Movant Michael Lee Hutchins has moved for a thirty-day extension of his deadline to file affidavits or other materials to show why the court should not summarily rule on his 2255 motion. (Doc. 6; see also doc. 5). The court GRANTS the motion. Mr. Hutchins's response is now due on or before March 18, 2024. Signed by Judge Annemarie Carney Axon on 1/25/2024. (RMM)
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Filing 6
MOTION for Leave to File Reply and Motion for Extension of Time to File Reply, by Michael Lee Hutchins. (RMM)
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Filing 5
ORDER On December 14, 2023 Michael Lee Hutchins filed a 28 U.S.C. 2255 motion to vacate, set aside, or correct sentence. (Docs. 12). In response to the court's show cause order (doc. 3), the government argues that the court should summarily deny the 2255 motion (doc. 4). The court deems the case ripe for summary disposition. See McBride v. Sharpe, 25 F.3d 962 (11th Cir. 1994). The court informs Mr. Hutchins of his right to file affidavits or other materials to show why the court should not summarily rule on the motion. Mr. Hutchins's response is due on or before February 15, 2024. The response must include all legal arguments and any additional evidentiary materials Mr. Hutchins may wish to offer regarding whether the motion is subject to summary disposition. The court will then consider the merits of the motion to vacate in light of the government's response, the court record, and any additional materials supplied by Mr. Hutchins. Signed by Judge Annemarie Carney Axon on 1/18/2024. (RMM)
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MOTION for Summary Judgment pursuant to Order #5 . (RMM)
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Filing 4
RESPONSE to re #1 Motion to Vacate in the Michael Lee Hutchins case filed by United States of America. (Felton, John)
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Filing 3
ORDER TO SHOW CAUSE Before the court is Michael Lee Hutchins'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 on or before January 23, 2024 why the court should not grant the relief requested by Mr. Hutchins. 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. Hutchins's motion, as well as any records of earlier proceedings that are not available in the courts records. See id., Rule 5(b), (c). Signed by Judge Annemarie Carney Axon on 12/22/2023. (RMM)
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Filing 2
Brief in support of #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Michael Lee Hutchins. (KAM)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Michael Lee Hutchins.(KAM)
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| Petitioner: Michael Lee Hutchins | |
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| Respondent: United States of America | |
| Represented By: | Prim F. Escalona, US Attorney |
| Represented By: | John B Felton |
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