Robert Turner v. USA
| ROBERT T. TURNER |
| UNITED STATES OF AMERICA |
| 22-2912 |
| October 25, 2022 |
| U.S. Court of Appeals, Seventh Circuit |
| Prisoner Petition-Vacate Sentence |
Docket Report
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Filing 13
ORDER: On consideration of the Affidavit/Response to Order of 12-01-2022 filed by appellant on December 14, 2022, this appeal shall proceed to a ruling on appellants motion to proceed in forma pauperis on appeal, and to a determination of whether a certificate of appealability should issue. The briefing schedule remains SUSPENDED pending further court order. DW [13] [7279523] [22-2912] (PS) [Entered: 12/15/2022 01:09 PM]
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| Filing 12 Filed Response by Appellant Robert T. Turner to 12/01/2022 order. [12][7279318] [22-2912] (LCP) [Entered: 12/14/2022 02:49 PM] |
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Filing 11
ORDER: A Review of the short Response to Order of October 26, 2022 reveals that appellants filing is not in proper form. Again, appellant must provide his response in the proper form either as a notarized statement or as a declaration under penalty of perjury. Accordingly, IT IS ORDERED that appellant Robert Turner must provide a notarized statement or a sworn declaration under penalty of perjury (in compliance with 28 U.S.C. 1746) which (1) sets forth the date the motion for reconsideration was placed in the prisons internal mail system, and (2) states whether first-class postage was affixed. See Federal Rule of Appellate Procedure 4(c) (prison mailbox rule). Appellants notarized statement or sworn declaration shall be filed on or before December 21, 2022. DW [11] DW [11] [7277702] [22-2912] (AP) [Entered: 12/07/2022 11:55 AM]
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| Filing 10 Prose motion filed by Appellant Robert T. Turner to proceed on appeal in forma pauperis. [10] [7277431] [22-2912] (CAG) [Entered: 12/06/2022 11:54 AM] |
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Filing 9
ORDER: Because the response to the show cause was filed on 11/14/2022, the court, on its own motion, is VACATING the order issued on12/1/2022 as erroneously issued. DW [9] [7276962] [22-2912] DW [9] [7276962] [22-2912] (FP) [Entered: 12/02/2022 04:56 PM]
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Filing 8
ORDER: The court, on its own motion, orders petitioner-appellant Robert T. Turner to show cause for his failure to respond to the courts order of October 26, 2022. Petitioner-appellant Robert T. Turner shall file his response on or before December 15, 2022. Appellant is advised that failure to respond may result in dismissal of this appeal. The clerk is directed to attach a copy of the courts order of October 26, 2022, to appellants copy of this order. DW Sent Certified Mail. Receipt Number: 7019 2280 0001 7854 8873. [8] [7276457] [22-2912]-[Edited 12/02/2022 by FP to reflect VACATED as erroneously issued, per 12/2/2022 order.] (FP) [Entered: 12/01/2022 12:16 PM]
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| Filing 7 Docketing Statement filed by Appellant Robert T. Turner. Prior or Related proceedings: No. [7] [7276190] [22-2912] (KRA) [Entered: 11/30/2022 03:02 PM] |
| Filing 6 Filed District Court order DENYING Appellant Robert T. Turner leave to proceed on appeal in forma pauperis. Date IFP denied: 11/18/2022. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 12/19/2022 for Appellant Robert T. Turner [7274127] [6] [7274127] [22-2912] (AP) [Entered: 11/18/2022 09:46 AM] |
| Filing 5 Notification from the District Court that a motion to proceed on appeal in forma pauperis is pending. [5] [7273902] [22-2912] (MM) [Entered: 11/17/2022 12:00 PM] |
| Filing 4 Filed Response by Appellant Robert T. Turner to the order of October 26, 2022. [4][7273234] [22-2912] (CAG) [Entered: 11/14/2022 04:02 PM] |
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Filing 3
ORDER: Appellant Robert T. Turner is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Robert T. Turner by 11/23/2022. Sent Certified Mail. Receipt Number: 7019 2280 0001 7854 8545. [3] [7272279] [22-2912] (AD) [Entered: 11/09/2022 08:20 AM]
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Filing 2
ORDER: A Review of the short record reveals that appellants appeal may be untimely as to the judgment entered on June 7, 2022. It all depends on when appellant mailed his motion to reconsider to the district court, and whether first-class postage was affixed to the envelope containing the motion. Appellant must provide this in the proper form either in a notarized statement or in a declaration under penalty of perjury. Accordingly, the appellant Robert Turner must inform the court whether the prison has a system designed for legal mail, and whether he used that system to mail his notice of appeal. Additionally, appellant must provide a notarized statement or a sworn declaration under penalty of perjury (in compliance with 28 U.S.C. 1746) which (1) sets forth the date the motion for reconsideration was placed in the prisons internal mail system, and (2) states whether first-class postage was affixed. See Federal Rule of Appellate Procedure 4(c) (prison mailbox rule). Appellants notarized statement or sworn declaration shall be filed on or before November 9, 2022. DW [2] [7269335] [22-2912] (CG) [Entered: 10/26/2022 04:35 PM]
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| Filing 1 Federal prisoner's 2255 case docketed. Certificate of Appealability denied 06/07/2022. Fee due. Docketing Statement due for Appellant Robert T. Turner by 10/31/2022. Fee or IFP forms due on 11/08/2022 for Appellant Robert T. Turner. Transcript information sheet due by 11/08/2022. [1] [7269056] [22-2912] (HTP) [Entered: 10/26/2022 10:30 AM] |
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| Petitioner / appellant: ROBERT T. TURNER | |
| Represented By: | Robert T. Turner |
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| Respondent / appellee: UNITED STATES OF AMERICA | |
| Represented By: | George A. Norwood |
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