Gary Sheldon v. United States
| Gary Thomas Sheldon |
| United States of America |
| 23-3656 |
| December 6, 2023 |
| U.S. Court of Appeals, Eighth Circuit |
| Vacate Sentence |
Docket Report
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| Document Text |
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| Originating court document filed consisting of originating court order of 01/23/2024 Denying COA, [5356025] [23-3656] (AEV) [Entered: 01/23/2024 03:22 PM] |
| MOTION for leave to proceed on appeal in forma pauperis w/attached affidavit, filed by Appellant Gary Thomas Sheldon w/service 01/23/2024. [5355829] [23-3656] (AEV) [Entered: 01/23/2024 12:07 PM] |
| CLERK ORDER On the Court's own motion, appellant is granted an extension of time to resolve the filing fee. A completed motion for leave to proceed in forma pauperis must include an Application to Proceed Without Prepaying Fees or Costs or an affidavit that shows in the same detail your inability to pay or to give security for fees and costs. Compliance due 1/23/24. [5348386] [23-3656] (AEV) [Entered: 12/28/2023 08:51 AM] |
| MOTION for leave to proceed on appeal in forma pauperis (Incomplete). [5348380] [23-3656] (AEV) [Entered: 12/28/2023 08:47 AM] |
| CORRECTED CLERK ORDER: Upon further review, the $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 01/08/2024, this appeal may be dismissed for failure to prosecute without further notice. [5343306] [23-3656] (AEV) [Entered: 12/11/2023 02:45 PM] |
| CORRECTED CLERK ORDER: Upon further review, the $505 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 01/03/2024, this appeal may be dismissed for failure to prosecute without further notice. [5343277] [23-3656]--[Edited 12/11/2023 by AEV- locked and ddl corrected] (AEV) [Entered: 12/11/2023 02:09 PM] |
| APPEARANCE filed by Ami Harshad Miller for Appellee United States of America w/service 12/07/2023 [5342310] [23-3656] (AHM) [Entered: 12/07/2023 08:19 AM] |
| UPDATED fee status - [Case Number 23-3656: due] [5342208] - Sheldon lost IFP in his 2255 prior case no. 22-3420. [23-3656] (AEV) [Entered: 12/06/2023 03:32 PM] |
| Prisoner case docketed. [5342264] [23-3656] (AEV) [Entered: 12/06/2023 04:30 PM] |
| Originating court document filed consisting of notice of appeal, Report and Recommendation 11/9/15, Acceptance of Plea 11/30/15, Judgment 4/7/16, Order 1/9/23, Order 11/14/23, docket entries, [5342242] [23-3656] (AEV) [Entered: 12/06/2023 03:53 PM] |
| CLERK ORDER:The $605 appellate filing and docketing fee has not been paid and is due. Appellant is directed to either pay the fee in the district court or file a motion for leave to proceed in forma pauperis in this court within 28 days of the date of this order. If appellant does not pay the fee or move for IFP status by 01/03/2024, this appeal may be dismissed for failure to prosecute without further notice. [5342265] [23-3656] (AEV) [Entered: 12/06/2023 04:34 PM] |
| CLERK ORDER:for limited remand. This case is remanded to the district court for a determination of whether to issue a certificate of appealability, with directions that, if granted, the COA specify the issue or issues that are to be considered on appeal. See 28 U.S.C. Sec. 2253; Federal Rule of Appellate Procedure 22(b); United States v. Lambros, 404 F.3d 1034 (8th Cir. 2005);Tiedeman v. Benson, 122 F.3d (8th Cir. 1997) [5342266] [23-3656] (AEV) [Entered: 12/06/2023 04:36 PM] |
| CLERK ORDER:If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, exhibits, administrative records and state court files. These documents should be submitted within 10 days. [5342268] [23-3656] (AEV) [Entered: 12/06/2023 04:37 PM] |
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| Petitioner / appellant: Gary Thomas Sheldon | |
| Represented By: | Gary Thomas Sheldon |
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| Respondent / appellee: United States of America | |
| Represented By: | Ami Harshad Patel Miller |
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