Sills v. United States of America
| Richard L Sills |
| United States of America |
| 1:2019cv01059 |
| February 25, 2019 |
| US District Court for the Central District of Illinois |
| Michael M Mihm |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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TEXT ORDER entered by Judge Michael M. Mihm on 2/28/2019. On February 25, 2019, Plaintiff filed a #1 Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. 2255, a #3 Motion for Stay of 2255 Proceedings, and a #4 Motion to Reserve filing an Amended 2255 Motion. Within his #1 2255 Motion, Plaintiff outlines four grounds to collaterally attack his sentence under the umbrella of ineffective assistance of counsel. Plaintiffs Motions #3 and #4 are similar in nature, as he requests "to reserve filing [an] amended 2255 motion and memorandum of law... pending receipt of legal materials," and "leave to file an amended 2255 motion and memorandum of law... in support of [his] Motion[.]" "A motion by a federal prisoner for postconviction relief under 28 U.S.C. 2255 is subject to a one-year time limitation that generally runs from 'the date on which the judgment of conviction becomes final.'" Clay v. United States, 537 U.S. 522, 524 (2003). Finality attaches when [the] [Supreme Court] affirms a conviction on the merits on direct review or denies a petition for a writ of certiorari, or when the time for filing a certiorari petition expires." Id. at 527. If the prisoner fails to file a petition for certiorari with the Supreme Court, finality attaches "90 days after entry of the Court of Appeals' judgment." Id. at 525. On February 27, 2018, the Seventh Circuit issued its final judgment on Plaintiffs post-conviction appeal, and Plaintiff failed to petition the Supreme Court. As such, Plaintiff has until Wednesday, May 29, 2019, to timely file his 2255 motion and corresponding memorandum of law. Additionally, the Court advises Plaintiff, he is not entitled to and may not receive, certain sealed documents from his criminal record that are not required to support assertions made in a 2255 motion. Accordingly, Plaintiff's #1 2255 Motion is DISMISSED WITHOUT PREJUDICE, and Plaintiff may refile an amended motion and memorandum of law, up to and including May 29, 2019. Plaintiff's #3 Motion for Stay, and #4 Motion to Reserve Filing, are DENIED AS MOOT.(JRK, ilcd)
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| Filing 4 MOTION to Reserve filing Amended 2255 Motion and memorandum of Law and Brief in Support of Pending Receipt of Legal Materials by Petitioner Richard L Sills. Responses due by 3/11/2019 (JRK, ilcd) |
| Filing 3 MOTION for Stay of 2255 Proceedings by Petitioner Richard L Sills. Responses due by 3/11/2019 (JRK, ilcd) |
| Filing 2 Remark: Criminal indictment and judgment and commitment order. See criminal case number 16-10049. (Attachments: #1 Judgment) (JRK, ilcd) Modified on 2/25/2019 to correct clerical error(JRK, ilcd). |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Richard L Sills.(JRK, ilcd) |
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| Respondent: United States of America | |
| Represented By: | Katherine G Legge |
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| Petitioner: Richard L Sills | |
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