Fane v. United States of America
| Lezerick Jermaine Fane |
| United States of America |
| 3:2018cv03261 |
| October 16, 2018 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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TEXT ORDER: Petitioner has sent the Court a letter #10 asking (1) that his original property sheet-which he included as an exhibit-be copied and sent back to him because the Special Housing Unit does not provide copies for inmates; (2) an extension of time to respond to the Government's Response to Petitioner's 2255 Motion; and (3) that the Court direct the prison officials at USP Florence to allow Petitioner access to the law library. The Court will treat the letter as a Motion and GRANTS relief in part. The Clerk is DIRECTED to return to Petitioner his original property sheet. The Court also grants Petitioner an extension of time to and including January 22, 2019, to file a reply. As for Petitioner's request for access to the law library, the Court DIRECTS the Government to file a document, on or before December 28, 2018, indicating when Petitioner has been given access to the library at USP Florence. Entered by Judge Sue E. Myerscough on 12/12/2018. (SKN, ilcd)
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| Filing 10 MOTION for Order, MOTION for Extension of Time to File Reply by Petitioner Lezerick Jermaine Fane. Responses due by 12/26/2018 (SKN, ilcd) |
| Filing 9 MOTION for Extension of Time to File Reply as to #8 Response to Motion by Petitioner Lezerick Jermaine Fane. Responses due by 12/10/2018 (SKN, ilcd) |
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TEXT ORDER: Petitioner has sent the Court a letter asking (1) for clarification of the November 27, 2018 response deadline date; (2) a 30-day extension to file a reply in support of Petitioner's 2255 Motion; and (3) permission to provide additional briefs if needed. The Clerk is DIRECTED to file the letter as a Motion. The Motion is GRANTED IN PART. The November 27, 2018 response date was automatically generated when the Government filed a Motion to Substitute Attorney. The Motion to Substitute Attorney has been granted, and no response is required. Petitioner's deadline to file a reply in support of the 2255 Motion is currently December 11, 2018. The Court GRANTS Petitioner a continuance up to and including January 10, 2019 to file a reply. Petitioner's request to provide additional briefs if needed is DENIED, as the Court does not understand what Petitioner is asking. Petitioner has filed his 2255 Motion and may file his reply on or before January 10, 2019. No additional briefing is necessary at this time. Finally, Petitioner asserts he has not received the Government's Response #8 . The Response contains a Certificate of Service providing that the Response was mailed to Petitioner at USP Florence on November 13, 2018. Petitioner states he was moved to USP Florence on November 2, 2018. In an abundance of caution, the Court DIRECTS the Clerk to mail Petitioner a copy of the Government's response. Entered by Judge Sue E. Myerscough on 11/26/2018. (SKN, ilcd)
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| TEXT ORDER by U.S. Magistrate Judge Tom Schanzle-Haskins. Government's Motion for Substitution of Counsel #7 is ALLOWED. AUSA Victor Yanz is substituted as counsel for the Government in this case. AUSA Gregory Harris is terminated as counsel for Government in this case. (LB, ilcd) |
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TEXT ORDER: Petitioner requests a copy of the Text Order setting the deadlines in this case because he has recently been transferred and does not have his property. See Letter #6 . Petitioner asserts he has no access to the law library absent proof of a deadline. The Clerk is DIRECTED to send Petitioner a copy of the October 17, 2018 Text Order setting the dates in this case. Entered by Judge Sue E. Myerscough on 11/14/2018. (SKN, ilcd)
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| Filing 8 RESPONSE to Motion re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Respondent United States of America. (Yanz, Victor) |
| Filing 7 MOTION to Substitute Attorney, Gregory K. Harris to be replaced by Victor B. Yanz, by Respondent United States of America. Responses due by 11/27/2018 (Yanz, Victor) |
| Filing 6 MOTION for Copy of letter from Court showing case deadlines by Petitioner Lezerick Jermaine Fane. Responses due by 11/27/2018 (SKN, ilcd) |
| Filing 5 NOTICE of Change of Address by Lezerick Jermaine Fane. (SKN, ilcd) |
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TEXT ORDER: Petitioner has filed a Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody #1 , a Motion to Proceed in Forma Pauperis #3 , and a Motion for Appointment of Counsel #4 . Petitioner's Motion to Proceed in Forma Pauperis #3 is DENIED AS MOOT, as there is no filing fee for a motion under 28 U.S.C. 2255. Petitioner's Motion for Appointment of Counsel #4 is DENIED. Petitioner has not established that he has attempted to obtain counsel or been precluded from doing so. Moreover, Petitioner has adequately presented his claims and appears competent to proceed in light of the difficulty of the case. If the Court determines that an evidentiary hearing is required, the Court will address appointment of counsel pursuant to Rule 8 of the Rules Governing Section 2255 Cases. Finally, pursuant to 28 U.S.C. ' 2255 and Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts, the Court has considered the grounds set forth in the motion and has decided that summary dismissal is not warranted. The Court orders Respondent to file an answer, motion, or other response on or before November 13, 2018. Petitioner may file a response to Respondents filing on or before December 11, 2018. Entered by Judge Sue E. Myerscough on 10/17/2018. (SKN, ilcd)
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| Filing 4 MOTION to Request Counsel by Petitioner Lezerick Jermaine Fane. Responses due by 10/30/2018 (SKN, ilcd) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Petitioner Lezerick Jermaine Fane. Responses due by 10/30/2018 (SKN, ilcd) |
| Filing 2 Remark: Criminal indictment and judgment and commitment order- see criminal case number 08-30058. (Attachments: #1 08-30058 Judgment) (SKN, ilcd) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Lezerick Jermaine Fane. (Attachments: #1 Motion Part 2)(SKN, ilcd) |
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| Respondent: United States of America | |
| Represented By: | Gregory K Harris |
| Represented By: | Victor Bailey Yanz |
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| Petitioner: Lezerick Jermaine Fane | |
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