Berryhill v. United States Of America
| Homer Berryhill |
| United States Of America |
| 2:2018cv00048 |
| April 30, 2018 |
| US District Court for the Southern District of Georgia |
| Brunswick Office |
| Glynn |
| R Stan Baker |
| Benjamin W Cheesbro |
| Lisa G Wood |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 |
| None |
Docket Report
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This docket was last retrieved on October 19, 2021. A more recent docket listing may be available from PACER.
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Filing 33
NOTICE of Change of Address, by Homer Berryhill. (jlh)
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Filing 32
Mail Returned as Undeliverable, Insufficient Address. Mail sent to Homer Berryhill re #31 . (JH)
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Filing 31
JUDGMENT entered pursuant to #30 Order. Signed by Judge Lisa G. Wood on 8/16/2021. (ca)
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Filing 30
ORDER ADOPTING REPORT AND RECOMMENDATIONS #28 of the Magistrate Judge as the opinion of the Court, denies 28 U.S.C. 2255 Motion, directs the Clerk of Court to close this case and enter the appropriate judgment of dismissal, and denies a Certificate of Appealability and in forma pauperis status on appeal. Signed by Judge Lisa G. Wood on 8/16/2021. (ca)
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Filing 29
ORDER denying #21 Motion to Amend; #7 Motion for Default Judgment, and #11 Motion for Collateral Estoppel. Signed by Magistrate Judge Benjamin W. Cheesbro on 7/23/2021. (csr)
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Filing 28
REPORT AND RECOMMENDATIONS of the Magistrate Judge that the Court Deny Berryhill's #1 Motion to Vacate/Set Aside/Correct Sentence (2255), as supplemented, Direct the Clerk of Court to Close this case and enter the appropriate judgment of dismissal, and Deny Berryhill a Certificate of Appealability and in forma pauperis on appeal. Objections to R&R due by 8/6/2021. Signed by Magistrate Judge Benjamin W. Cheesbro on 7/23/2021. (csr)
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Filing 27
Letter from Homer Berryhill. (Attachments: #1 Envelope) (ca)
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Filing 26
NOTICE of Change of Address by Homer Berryhill. (Attachment: #1 Envelope). (csr)
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Filing 25
NOTICE of Change of Address by Homer Berryhill. (Attachment: #1 Envelope). (csr)
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Filing 24
REPLY to #22 Response to Motion re: #21 MOTION to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Homer Berryhill. (Attachment #1 Envelope). (csr)
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Filing 23
SUPPLEMENT to #1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by Homer Berryhill. (Attachment: #1 Envelope). (csr)
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Filing 22
RESPONSE in Opposition re #21 MOTION to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by United States Of America. (Greenwood, Nancy)
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Filing 21
MOTION for Leave to Amend/Correct #1 Motion to Vacate/Set Aside/Correct Sentence (2255), with Affidavit filed by Homer Berryhill. Responses due by 3/29/2019. (Attachment: #1 Envelope). REFERRED to Judge Benjamin W. Cheesbro. (csr)
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Filing 20
Stay lifted due to appropriations. (See MC 119-002, Docs. 1, 3.)
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Filing 19
ORDER that any and all civil cases pending in this district in which the United States, any of its federal agencies, or any of its officers and/or employees is a named party is hereby stayed until Congress has restored appropriations to the Department of Justice. Further, any and all civil cases pending in this district in which the United States Attorney or any Assistant United States Attorney is counsel of record, is hereby stayed until Congress has restored appropriations to the Department of Justice. Signed by Chief Judge J. Randal Hall, Judge Dudley H. Bowen, Jr., Judge William T. Moore, Jr., Judge Lisa G. Wood, and Judge R. Stan Baker on 1/11/2019. (csr)
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Filing 18
REPLY in Opposition to the #15 Government's Response to Motion re: #11 MOTION to file Collateral Estoppel, #7 MOTION for Default Judgment, and #1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Homer Berryhill. (Attachments: #1 Letter, #2 Envelope). (csr)
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Filing 17
ORDER granting Movant's #16 Motion for Extension of Time to File Response/Reply to #15 Respondent's Response. IT IS HEREBY ORDERED that the deadline for Movant to file a Reply to the Response shall be extended up to and including November 18, 2018. Signed by Magistrate Judge Benjamin W. Cheesbro on 9/24/2018. (csr)
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Set/Reset Deadlines as to Reply to #15 Respondent's Response due by 11/18/2018 re: #17 Order. (csr)
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Filing 16
MOTION for 60 Days Extension of Time to File Response/Reply as to Respondent's #15 Response re: #11 MOTION to file Collateral Estoppel; #1 Motion to Vacate/Set Aside/Correct Sentence (2255), and #7 MOTION for Default Judgment, filed by Homer Berryhill. Responses due by 10/1/2018. (Attachment: #1 Envelope). REFERRED to Judge Benjamin W. Cheesbro. (csr)
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Case Reassigned to Magistrate Judge Benjamin W. Cheesbro pursuant to standing Order in 1:18-mc-12. Magistrate Judge R. Stan Baker no longer assigned to the case. (csr)
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Filing 15
RESPONSE to #11 MOTION to file Collateral Estoppel filed by Homer Berryhill, #8 Affidavit, #6 Affidavit, #1 Motion to Vacate/Set Aside/Correct Sentence (2255), #7 MOTION for Default Judgment, by United States Of America. (Attachments: #1 Exhibit A Anders Brief, #2 Exhibit B Berryhills Response, #3 Exhibit C Conviction Document, #4 Exhibit D Conviction Document)(Greenwood, Nancy) Modified on 8/27/2018 (slt).
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Filing 14
ORDER granting #13 Motion for Leave to File Excess Pages. IT IS HEREBY ORDERED that Respondent's Response to Movant's Section 2255 motion may exceed the twenty-six (26) page limit. Signed by Magistrate Judge R. Stan Baker on 8/23/2018. (csr)
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Filing 13
MOTION for Leave to File Excess Pages by United States Of America. Responses due by 9/4/2018. (Attachments: #1 Text of Proposed Order)(Greenwood, Nancy)
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MOTIONS REFERRED: #13 MOTION for Leave to File Excess Pages. (csr)
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Filing 12
NOTICE of Intent to Respond by United States Of America re #11 MOTION to file Collateral Estoppel, #7 MOTION for Default Judgment as to. (Greenwood, Nancy)
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Filing 11
MOTION to file Collateral Estoppel against the United States in order to prevent the United States from getting a second bite at the apple, filed by Homer Berryhill. Responses due by 8/17/2018. (Attachments: #1 Envelope) REFERRED to Judge R. Stan Baker. (csr)
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Filing 10
ORDER granting Respondent's Second #9 Motion for Extension of Time in Which to Respond to Movant's 28 U.S.C. 2255 Motion. IT IS HEREBY ORDERED that the deadline for Respondent to file a Response shall be extended up to and including August 24, 2018. Signed by Magistrate Judge R. Stan Baker on 7/18/2018. (csr)
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Set/Reset Deadlines as to Responses due by 8/24/2018 re: #1 MOTION to Vacate, Set Aside or Correct Sentence (2255). (csr)
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Filing 9
Second MOTION for Extension of Time to File Response/Reply as to #8 Affidavit, #6 Affidavit, #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by United States Of America. Responses due by 7/31/2018. (Attachments: #1 Text of Proposed Order)(Greenwood, Nancy)
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MOTIONS REFERRED: #9 Second MOTION for Extension of Time to File Response/Reply as to #8 Affidavit, #6 Affidavit, #1 Motion to Vacate/Set Aside/Correct Sentence (2255). (ca)
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Filing 8
Movant's Third Supplement to #1 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by Homer Berryhill. (Attachment: #1 Envelope). (csr)
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Filing 7
MOTION for Default Judgment filed by Homer Berryhill. Responses due by 7/2/2018. (Attachment: #1 Envelope). REFERRED to Judge R. Stan Baker. (csr)
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Filing 6
Movant's Second Supplement to #1 Motion to Vacate/Set Aside/Correct Sentence (2255) in support of #1 Motion, filed by Homer Berryhill. (Attachment: #1 Supplement). (csr)
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Filing 5
ORDER granting #4 Motion for Extension of Time in Which to Respond. IT IS ORDERED that the deadline for Respondent to file a Response shall be extended up and including July 25, 2018. Signed by Magistrate Judge R. Stan Baker on 5/24/2018. (csr)
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Filing 4
MOTION for Extension of Time to File Response/Reply as to #1 Motion to Vacate/Set Aside/Correct Sentence (2255) by United States Of America. Responses due by 6/7/2018. (Attachments: #1 Text of Proposed Order)(Bourne, Carlton)
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MOTIONS REFERRED: #4 MOTION for Extension of Time to File Response/Reply as to #1 Motion to Vacate/Set Aside/Correct Sentence (2255). (ca)
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Set/Reset Deadlines as to Responses due by 7/25/2018 re: #5 Order. (csr)
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Filing 3
ORDER dismissing as moot #2 Motion for Leave to Proceed in forma pauperis. ORDER that the United States Attorney file an answer or motion to dismiss within thirty (30) days stating what records and documents need to be produced in order to fully respond to #1 MOTION to Vacate, Set Aside or Correct Sentence (2255). Signed by Magistrate Judge R. Stan Baker on 5/2/2018. (csr)
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Set/Reset Deadlines as to Responses due by 6/1/2018 re: #3 Order. (csr)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by Homer Berryhill. (Attachments: #1 Account Statement, #2 Envelope). REFERRED to Judge R. Stan Baker. (csr)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Homer Berryhill. (Attachments: #1 Supplemental 2255 Motion in Support of, #2 Envelope). (csr)
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