Evans v. United States of America
| David Evans |
| United States of America |
| 1:2015cv01363 |
| August 28, 2015 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| XX US, Outside State |
| Joe Billy McDade |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
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Filing
8
ORDER & OPINION entered by Judge Joe Billy McDade on 11/20/2015. The Court properly considered Petitioners burglary conviction in determining that Petitioner was subject to an enhanced sentence under the ACCA and sentencing him to 210 months imprisonment. For that reason, Petitioners Motion 1 is DENIED. The Clerk is directed to notify Petitioner David Evans. No Certificate of Appealability shall issue from this Court. IT IS SO ORDERED.(RK, ilcd)
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Filing
5
ORDER AND OPINION entered by Judge Joe Billy McDade on 09/24/2015. IT IS THEREFORE ORDERED: 1. The Order dated September 9, 2015 3 and the Judgment dated September 10, 2015 4 are VACATED and Petitioner's case is REOPENED.2. The Clerk SHALL s erve a copy of the Motion 1 upon Respondent pursuant to Rule 3(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts. 3. 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 Petitioner's claims are untimely or procedurally barred. In addition, Respondent should address the merits of Petitioner's constitutional claims and otherwise fully comply with Rule 5 of the Rules Governing Section 2255 Proceedings for the United States District Courts. Petitioner MAY file a reply to Respondent's response within twenty-eight days of being served with the response. 5. Petitioner SHALL serve upon the United States Attorney's office a copy ofevery further pleading or other document submitted for consideration by the Court. See full written Order.(JS, ilcd)
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Filing
3
ORDER & OPINION entered by Judge Joe Billy McDade on 09/09/2015. Pursuant to Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Court, the Court has reviewed Petitioner's § 2255 motion and the record of Petitioner's criminal proceedings. Based upon this review, theCourt concludes that Petitioner is not entitled to relief under § 2255. The motion 1 is dismissed. The clerk is directed to notify Petitioner David Evans. No Certificate of Appealability shall issue from this Court. IT IS SO ORDERED. CASE TERMINATED. See full written Order.(JS, ilcd)
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| Petitioner: David Evans | |
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| Respondent: United States of America | |
| Represented By: | Bradley W Murphy |
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