Spensley v. United States of America
| Douglas H Spensley |
| United States of America |
| 2:2019cv02306 |
| November 12, 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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| Document Text |
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| Filing 9 JUDGMENT entered. (RK, ilcd) |
Filing 8
ORDER AND OPINION entered by Judge Michael M. Mihm on 1/10/2020. Petitioners Motion to Vacate, Set Aside, or Correct Sentence under 2255 #1 is DISMISSED as untimely, Petitioners Motion Addressing Timeliness #4 is DENIED, and the Governments Response and Motion to Dismiss #5 is GRANTED. The Court declines to issue a Certificate of Appealability. This case is now TERMINATED. See full Order and Opinion attached.(RK, ilcd)
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| Filing 7 RESPONSE to Respondent's #5 MOTION to Dismiss filed by Petitioner Douglas H Spensley. (RK, ilcd) |
| Filing 6 STRICKEN PURSUANT TO 12/26/2019 TEXT ORDER: RULE 12(C) NOTICE entered re #5 MOTION to Dismiss. (JRK, ilcd) Modified on 12/26/2019 to Strike filing (JRK, ilcd). |
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TEXT ORDER STRIKING/VACATING DOCUMENT entered by Judge Michael M. Mihm on 12/26/2019: The Rule 12(C) Notice #6 entered 12/26/2019 is STRICKEN from this case as erroneously entered. The Response to Motion #5 deadline remains set for 1/3/2020. (JRK, ilcd) Modified on 12/26/2019 to indicate this is a Text Only Order(JRK, ilcd).
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| Set/Reset Deadlines/Hearings as to #5 MOTION to Dismiss. Responses due by 1/3/2020 (JRK, ilcd) |
| Filing 5 RESPONSE to Motion re #4 MOTION Addressing Timeliness Issue and Motion to Dismiss Petition filed by Respondent United States of America. (Attachments: #1 Exhibit State Petition for Post Conviction Relief, #2 Exhibit State Order Dismissing Petition)(Peirson, Elham) Modified on 12/26/2019 to correct filing to reflect that this is ALSO a Motion (JRK, ilcd). |
| Set/Reset Deadlines/Hearings as to #4 MOTION Addressing Timeliness Issue. Responses due by 1/3/2020 per Order #3 . (RK, ilcd) |
| Set/Reset Deadlines/Hearings as to #4 MOTION Addressing Timeliness Issue. Responses due by 1/30/2020 per Order #3 . (RK, ilcd) |
| Filing 4 MOTION Addressing Timeliness Issue by Petitioner Douglas H Spensley. Responses due by 1/3/2020 (FDS, ilcd) Modified on 12/11/2019 to correct respond ddl as set out in #3 (RK, ilcd). |
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Filing 3
ORDER entered by Judge Michael M. Mihm on 11/14/2019. Petitioner is granted leave to file a motion addressing the timeliness of hisclaims on or before December 13, 2019. Respondent shall file its response on or before January 3, 2020. If Petitioner fails to file a motion addressing the timeliness issue on or before December 13, 2019, the Court will dismiss the Motion #1 with prejudice for being untimely under 28 U.S.C. 2255(f)(1). See full Order attached. (RK, ilcd)
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| Filing 2 Remark: Criminal Superseding Indictment and Judgment - see Criminal Case 09-20082. (Attachments: #1 Judgment) (KM, ilcd) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Douglas H Spensley pro se. (Attachments: #1 Affidavit of Assets & Liabilities, #2 Envelope) (KM, ilcd) |
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| Petitioner: Douglas H Spensley | |
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| Respondent: United States of America | |
| Represented By: | Elham M Peirson |
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