Cary v. United States of America

Cary v. United States of America

Petitioner:	Jeremy S Cary
Respondent:	United States of America
Case Number:	1:2012cv01469
Filed:	November 13, 2012
Court:	US District Court for the Central District of Illinois
Office:	Peoria Office
County:	Jackson
Presiding Judge:	Joe Billy McDade
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
February 11, 2013	Filing 20 ORDER & OPINION Entered by Judge Joe Billy McDade on 2/11/13 granting 1 Motion to Vacate, Set Aside or Correct Sentence (2255): FOR THE FOREGOING REASONS, Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. §2255 1 is GRANTED. The Court will schedule the case for resentencing. IT IS SO ORDERED. (cc: petitioner) (TK, ilcd)
November 15, 2012	Filing 3 ORDER AND OPINION entered by Judge Joe Billy McDade on 11/15/2012. IT IS THEREFORE ORDERED: 1. The Clerk SHALL serve a copy of the Motion (Doc. 1) by certified mail upon Respondent pursuant to Rule 3(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts. 3. Petitioner MAY file a brief with this Court within twenty-one days of the date of this Order stating any additional sentencing arguments his counsel allegedly failed to make in support of his ineffective ass istance of counsel claim. 4. Respondent SHALL file an answer, motion, or other responsive pleading within fifty-six days after service of this Order. Respondent should address any facts which would establish whether Petitioners claims are untimely or procedurally barred. In addition, Respondent should address the merits of Petitioners constitutional claims and otherwise fully comply with Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts. 5. Petitione r MAY file a reply to Respondents response within twenty-eight days of being served with the response. 6. Petitioner SHALL serve upon the United States Attorneys office a copy of every further pleading or other document submitted for consideration by the Court. (cc:pla)(JRK, ilcd)

Date Filed

Document Text

February 11, 2013

Filing 20 ORDER & OPINION Entered by Judge Joe Billy McDade on 2/11/13 granting 1 Motion to Vacate, Set Aside or Correct Sentence (2255): FOR THE FOREGOING REASONS, Petitioner's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. §2255 1 is GRANTED. The Court will schedule the case for resentencing. IT IS SO ORDERED. (cc: petitioner) (TK, ilcd)

November 15, 2012

Filing 3 ORDER AND OPINION entered by Judge Joe Billy McDade on 11/15/2012. IT IS THEREFORE ORDERED: 1. The Clerk SHALL serve a copy of the Motion (Doc. 1) by certified mail upon Respondent pursuant to Rule 3(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts. 3. Petitioner MAY file a brief with this Court within twenty-one days of the date of this Order stating any additional sentencing arguments his counsel allegedly failed to make in support of his ineffective ass istance of counsel claim. 4. Respondent SHALL file an answer, motion, or other responsive pleading within fifty-six days after service of this Order. Respondent should address any facts which would establish whether Petitioners claims are untimely or procedurally barred. In addition, Respondent should address the merits of Petitioners constitutional claims and otherwise fully comply with Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts. 5. Petitione r MAY file a reply to Respondents response within twenty-eight days of being served with the response. 6. Petitioner SHALL serve upon the United States Attorneys office a copy of every further pleading or other document submitted for consideration by the Court. (cc:pla)(JRK, ilcd)

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Respondent: United States of America
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Petitioner: Jeremy S Cary
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