Gire v. USA
| Edwin J Gire |
| United States of America |
| 3:2019cv03079 |
| March 25, 2019 |
| US District Court for the Central District of Illinois |
| Sue E Myerscough |
| Tom Schanzle-Haskins |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 |
| None |
Docket Report
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TEXT ORDER: The Government has filed a Motion for Extension of Time to File Response to Petitioner's Motion for Production of Exculpatory Evidence and Discovery #14 . The Government requests two additional months to respond to Petitioner's Motion for Production of Exculpatory Evidence and Discovery #11 , citing the voluminous discovery in Petitioner's criminal case and the trial commitments of counsel for the Government. Over Petitioner's objection, the Government's Motion for Extension of Time to File Response to Petitioner's Motion for Production of Exculpatory Evidence and Discovery #14 is GRANTED IN PART. The deadline for the Government's response to Petitioner's motion is extended to Wednesday July 24, 2019. (MAS, ilcd)
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Filing 15
RESPONSE to Motion re #14 MOTION for Extension of Time to File Response/Reply as to #11 MOTION FOR PRODUCTION OF EXCULPATORY EVIDENCE AND FOR DISCOVERY filed by Petitioner Edwin J Gire. (Beckett, J)
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Filing 14
MOTION for Extension of Time to File Response/Reply as to #11 MOTION FOR PRODUCTION OF EXCULPATORY EVIDENCE AND FOR DISCOVERY by Respondent United States of America. Responses due by 6/27/2019 (Weir, Matthew)
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Filing 13
RESPONSE to Motion re #4 MOTION to Stay re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Respondent United States of America. (Weir, Matthew)
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Filing 12
NOTICE of Appearance of Attorney by Martin Gary Weinberg on behalf of Edwin J Gire (Weinberg, Martin)
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Minute Entry for proceedings held before Judge Sue E. Myerscough: TELEPHONIC STATUS CONFERENCE held on 05/24/2019. Attorney J. Steven Beckett, present on behalf of Petitioner Edwin J. Gire. AUSA Eugene Miller present on behalf of Respondent USA. Discussion held regarding Motion for Production of Exculpatory Evidence and for Discovery #11 . Government to file written response to Motion #11 . Oral Motion by USA to for a 60 extension to respond to Petitioner's 2255 motion. Over objection, Court allowed extension. Order to enter. Hearing adjourned. (Court Reporter KS.) (DM, ilcd)
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TEXT ORDER: Over Petitioner's objection, the deadline for the Government's response to Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody #1 is extended to August 24, 2019. The deadline for Petitioner's reply to the Government's response is extended to September 24, 2019. The deadline for the Government's response to Petitioner's Motion for Production of Exculpatory Evidence and for Discovery #11 is extended to June 24, 2019. Any response by the Government to Petitioner's motion for bail pending the resolution of his 2255 motion #4 shall be filed by June 24, 2019. Entered by Judge Sue E. Myerscough on 05/24/2019. (DM, ilcd)
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Set Deadlines: The deadline for the Government's response to Petitioner's Motion for Production of Exculpatory Evidence and for Discovery #11 is extended to June 24, 2019. Any response by the Government to Petitioner's motion for bail pending the resolution of his 2255 motion #4 shall be filed by June 24, 2019. (DM, ilcd)
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Filing 11
MOTION FOR PRODUCTION OF EXCULPATORY EVIDENCE AND FOR DISCOVERY by Petitioner Edwin J Gire. Responses due by 6/6/2019 (Beckett, J)
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TEXT ORDER: Petitioner's Motion for Status Conference #10 is GRANTED. Accordingly, the Court schedules a telephone status hearing for Friday, May 24, 2019, at 10:00 a.m. Entered by Judge Sue E. Myerscough on 5/21/2019. (MAS, ilcd)
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TEXT ORDER: On May 1, 2019, the United States Court of Appeals for the Seventh Circuit dismissed Petitioner's appeal arising out of Case No. 16-cr-20044. Accordingly, the Government's Motion to Dismiss Without Prejudice, or in the Alternative, Stay the Petitioner's Section 2255 Motion #6 , which was predicated on the fact that Petitioner had a direct appeal pending, is DENIED. Entered by Judge Sue E. Myerscough on 5/21/2019. (MAS, ilcd)
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TEXT ORDER: Petitioner Edwin Gire has filed a Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody #1 . Having reviewed the 2255 motion and Petitioner's Memorandum of Law in Support of His Section 2255 Motion to Vacate Convictions #2 , the Court finds that summary dismissal of the motion is not warranted. The Government is DIRECTED to file a response to Petitioner's 2255 motion on or before Monday, June 24, 2019. Petitioner may file a reply to the Government's response on or before Monday, July 29, 2019. Petitioner's Motion for Leave to Exceed Page Limitations #3 is GRANTED. Entered by Judge Sue E. Myerscough on 5/21/2019. (MAS, ilcd)
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Filing 10
MOTION for Hearing Status Conference by Petitioner Edwin J Gire. Responses due by 5/29/2019 (Beckett, J)
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Filing 9
NOTICE of Appearance of Attorney by Michael Francis Pabian on behalf of Edwin J Gire (Pabian, Michael)
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Filing 8
NOTICE of Motion to Dismiss Appeal (Beckett, J)
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Filing 7
RESPONSE to Motion re #6 MOTION to Dismiss Without Prejudice or, In the Alternative MOTION to Stay re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Petitioner Edwin J Gire. (Beckett, J)
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Filing 6
MOTION to Dismiss Without Prejudice or, In the Alternative, MOTION to Stay re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Respondent United States of America. Responses due by 4/12/2019 (Miller, Eugene)
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Filing 5
Remark: Criminal indictment and judgment and commitmentorder as to Edwin J. Gire see criminal case number 16-20044. (ME, ilcd) Modified on 3/25/2019 correcting criminal case number. (ME, ilcd).
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Filing 4
MOTION to Stay re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Petitioner Edwin J Gire. Responses due by 4/8/2019 (Beckett, J)
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Filing 3
MOTION for Leave to File Excess Pages by Petitioner Edwin J Gire. Responses due by 4/8/2019 (Beckett, J)
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Filing 2
MEMORANDUM OF LAW IN SUPPORT OF HIS SECTION 2255 MOTION TO VACATE CONVICTIONS re #1 MOTION to Vacate, Set Aside or Correct Sentence (2255) by Edwin J Gire. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Affidavit, #22 Affidavit)(Beckett, J)
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255) , filed by Edwin J Gire.(Beckett, J)
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| Petitioner: Edwin J Gire | |
| Represented By: | J Steven Beckett |
| Represented By: | Michael Francis Pabian |
| Represented By: | Martin Gary Weinberg |
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| Respondent: United States of America | |
| Represented By: | John David Hoelzer |
| Represented By: | Matthew Z Weir |
| Represented By: | Eugene L Miller |
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