Sullivan v. USA
| Leihinahina Sullivan |
| USA |
| 1:2023cv00398 |
| September 26, 2023 |
| US District Court for the District of Hawaii |
| KENNETH J MANSFIELD |
| J MICHAEL SEABRIGHT |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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| Filing 5 EO: On September 26, 2023, pro se Defendant Leihinahina Sullivan ("Defendant") filed a "Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence By A Person In Federal Custody," in Cr. No. 21-00096 JMS, ECF No. 229 ("2255 Petition"). The 2255 Petition was docketed in both of Defendant's underlying criminal cases -- Cr. No. 21-00096 JMS, as well as Cr. No. 17-00104 JMS. Defendant has clarified that she only intended the 2255 Petition to be filed in Cr. No. 21-00096 JMS, and not Cr. No. 17-00104 JMS.On October 31, 2023, the court dismissed Defendant's 2255 Petition as premature. Cr. No. 21-00096 JMS at ECF No. 239 . That dismissal should only be reflected in Cr. No. 21-00096 JMS, and not in Cr. No. 17-00104 JMS (where it was incorrectly docketed as ECF No. 1603 ). Accordingly, the Clerk is DIRECTED to terminate the 2255 Petition in Cr. No. 17-00104 JMS, ECF No. 1603, and make a notation that it was incorrectly filed in Cr. 17-00104 JMS. Furthermore, the Clerk is DIRECTED to CLOSE Civ. No. 23-00400 JMS-KJM, in which the 2255 Petition was filed as ECF No. 1.Similarly, on September 26, 2023, Defendant filed a motion to appoint counsel to handle her 2255 Petition only in Cr. No. 21-00096 JMS, ECF No. 230 , which was contemporaneously and incorrectly docketed in Cr. No. 17-00104 JMS, ECF No. 1604 . The Clerk is therefore DIRECTED to strike the Motion to Appoint Counsel in Cr. No. 17-00104 JMS, ECF No. 1604. (JUDGE J. MICHAEL SEABRIGHT)(shm)COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF) |
| COURT'S CERTIFICATE of Service - a copy of #3 ORDER DISMISSING "MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY," ECF NO. 229, AS PREMATURE and #4 Clerk's Judgment have been served by First Class Mail to Leihinahina Sullivan at the address of record on November 1, 2023. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 4 CLERK'S JUDGMENT entered on 10/31/2023 pursuant to ECF No. #3 . (eta) |
Filing 3
ORDER DISMISSING "MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY," ECF NO. 229, AS PREMATURE re #1 - Signed by JUDGE J. MICHAEL SEABRIGHT on 10/31/2023. CR 21-00096 JMS, CV 23-00398 JMS-KJM (eta)
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| Filing 2 NOTICE of Case Assignment: Please reflect both Civil case number CV 23-00398 JMS-KJM and Criminal case number CR 21-00096 JMS on all further pleadings. All filings related to the 28 U.S.C. Motion to Vacate, Set Aside or Correct Sentence, shall be filed only in CR 21-00096 JMS; USA v. Leihinahina Sullivan. (eta) |
| COURT'S CERTIFICATE of Service - a copy of 2 Notice of Case Assignment has been served by First Class Mail to Leihinahina Sullivan at FCI Victorville Medium I, Federal Correctional Institution, Inmate Mail/Parcels, P.O. Box 5300, Adelanto, CA 92301 on September 27, 2023. File stamped copies of the #1 Motion to Vacate/Set Aside/Correct Sentence (2255) and Motion to Appoint Counsel filed in CR 21-00096 JMS were included in the mailing to Petitioner. Registered Participants of CM/ECF received the document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). (eta) |
| Filing 1 MOTION Under 28 U.S.C. 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody - filed by Leihinahina Sullivan. (Attachments: #1 Exhibit A-1 (restricted to case participants) , #2 Exhibit B-1, #3 Exhibit A, #4 Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F, #9 Exhibit G, #10 Exhibit H, #11 Exhibit I, #12 Exhibit J (restricted to case participants) , #13 Mailing Documentation)(eta) Modified on 9/27/2023 (eta). |
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| Petitioner: Leihinahina Sullivan | |
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| Respondent: USA | |
| Represented By: | Mohammad Khatib |
| Represented By: | Rebecca Ann Perlmutter |
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