Foster v. United States of America

Foster v. United States of America

Petitioner:	Randall Foster
Respondent:	United States of America
Case Number:	3:2009cv03034
Filed:	February 4, 2009
Court:	US District Court for the Central District of Illinois
Office:	Prisoner: Vacate Sentence Office
County:	XX US, Outside State
Presiding Judge:	Jeanne E. Scott
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
July 20, 2010	Filing 17 OPINION: As stated at the July 16, 2010, evidentiary hearing, Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (d/e 1) is Denied. The Court likewise denies Petitioner a Certificate of Appealability. All pending motions are Denied as Moot. This case is closed. Entered by Judge Jeanne E. Scott on 07/20/2010. (VM, ilcd)
May 1, 2009	Filing 8 OPINION entered by Judge Jeanne E. Scott on 05/01/2009. SEE WRITTEN OPINION. Petitioner's Motion for Permission to File a Memorandum of Law in Support of the Motion to Vacate, Set Aside, or Correct Sentence (d/e 2) is ALLOWED. Petitioner is ordered to file his Memorandum of Law by June 1, 2009. The United States Attorney is ordered to file its answer pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2255 Cases to Petitioner's Petition on or before July 1, 2009. Petitio ner is granted 21 days from the time the answer is filed to file a reply. Additionally, the Court notes that Petitioner filed a Motion for an Abeyance (d/e 3), asking the Court not to rule on his Petition until the Seventh Circuit resolved his direc t appeal. Both parties now have informed the Court that the Seventh Circuit has issued its ruling, and Petitioner indicates that he will not file a petition for writ of certiorari before the Supreme Court. THEREFORE, Petitioner's Motion for an Abeyance (d/e3) is DENIED as moot. (DM, ilcd)

Date Filed

Document Text

July 20, 2010

Filing 17 OPINION: As stated at the July 16, 2010, evidentiary hearing, Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (d/e 1) is Denied. The Court likewise denies Petitioner a Certificate of Appealability. All pending motions are Denied as Moot. This case is closed. Entered by Judge Jeanne E. Scott on 07/20/2010. (VM, ilcd)

May 1, 2009

Filing 8 OPINION entered by Judge Jeanne E. Scott on 05/01/2009. SEE WRITTEN OPINION. Petitioner's Motion for Permission to File a Memorandum of Law in Support of the Motion to Vacate, Set Aside, or Correct Sentence (d/e 2) is ALLOWED. Petitioner is ordered to file his Memorandum of Law by June 1, 2009. The United States Attorney is ordered to file its answer pursuant to Rule 5 of the Rules Governing 28 U.S.C. § 2255 Cases to Petitioner's Petition on or before July 1, 2009. Petitio ner is granted 21 days from the time the answer is filed to file a reply. Additionally, the Court notes that Petitioner filed a Motion for an Abeyance (d/e 3), asking the Court not to rule on his Petition until the Seventh Circuit resolved his direc t appeal. Both parties now have informed the Court that the Seventh Circuit has issued its ruling, and Petitioner indicates that he will not file a petition for writ of certiorari before the Supreme Court. THEREFORE, Petitioner's Motion for an Abeyance (d/e3) is DENIED as moot. (DM, ilcd)

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Petitioner: Randall Foster
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Respondent: United States of America
Represented By:	Timothy A Bass
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