United States of America v. Khaled
| United States of America |
| Luay Khaled |
| 1:2021cv04300 |
| August 12, 2021 |
| US District Court for the Northern District of Illinois |
| Thomas M Durkin |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on October 18, 2021. A more recent docket listing may be available from PACER.
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Filing 12
DECLARATION of Luay Khaled. (aee, )
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Filing 11
MINUTE entry before the Honorable Thomas M. Durkin: Defendant's pro se motion to stay execution of his sentence is granted. The current surrender date of September 28, 2021 is continued until November 1, 2021, to allow the Court to consider the motion to vacate filed in 21 cv 4300. As noted in the Court's order of 8/13/2021, the defendant's filings in 21 cv 4300 appear to have been prepared by an attorney. If this is true, such attorney should have filed an appearance. The defendant shall file an affidavit by 10/4/2021 stating under oath whether an attorney assisted in the supposed pro se filings. Mailed notice. (ecw, )
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Filing 10
EMERGENCY MOTION by Defendant Luay Khaled for bail pending disposition of Motion to Vacate petitioner's guilty plea, conviction & sentence, pursuant to 28 U.S.C. 2255. (jh, )
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Filing 9
REPLY by Defendant Luay Khaled to Government's response in opposition to his pro se 28 U.S.C. 2255 motion. (aee, ) Modified on 9/7/2021 (aee, ).
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Filing 8
RESPONSE by United States of Americain Opposition to MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Luay Khaled #1 Government's Response to Petitioner Luay Khaled's Section 2255 Motion (Attachments: #1 Exhibit A, #2 Exhibit B)(Hernandez, Matthew)
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Filing 7
DESIGNATION of Matthew Hernandez as U.S. Attorney for Plaintiff United States of America (Hernandez, Matthew)
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Filing 6
MINUTE entry before the Honorable Thomas M. Durkin: Minute entry of 8/13/2021 #5 contained the incorrect new surrender date and is vacated. Order is re-entered as follows. Defendant's emergency motion for bail pending disposition of motion to vacate #4 is denied as moot. Defendant's surrender date was continued to September 28, 2021. The motion can be renewed nearer the new surrender date if the motion to vacate has not yet been ruled on. The Court will be in a better position to consider the merits of any request to stay once the government response and defense reply have been filed. The Court also note's that defendant's pro se motions appear to have been prepared by a person with legal training, which the defendant does not have. The Court reminds the defendant that if an attorney is preparing the filings, that attorney needs to file an appearance and have their name placed on any filings that have been prepared. Mailed notice. (ecw, )
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Filing 5
MINUTE entry before the Honorable Thomas M. Durkin: Defendant's emergency motion for bail pending disposition of motion to vacate #4 is denied as moot. Defendant's surrender date was continued to September 3, 2021 by the previous order. The motion can be renewed nearer the new surrender date if the motion to vacate has not yet been ruled on. The Court will be in a better position to consider the merits of any request to stay once the government response and defense reply have been filed. The Court also note's that defendant's pro se motions appear to have been prepared by a person with legal training, which the defendant does not have. The Court reminds the defendant that if an attorney is preparing the filings, that attorney needs to file an appearance and have their name placed on any filings that have been prepared. Mailed notice. (ecw, )
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Filing 4
EMERGENCY MOTION for bail pending disposition of motion to vacate Petitioner's guilty plea, conviction & sentence, pursuant to 28 U.S.C. 2255 by Defendant Luay Khaled (bg, )
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Filing 3
MINUTE entry before the Honorable Thomas M. Durkin: The government is given until September 3, 2021 to respond to defendant's pro se 28 U.S.C. 2255 motion to stay execution of and vacate his conviction and sentence. Any reply by the defendant shall be filed by September 17, 2021. The defendant is currently scheduled to surrender August 31, 2021. That date of surrender was generous, as the sentencing occurred on July 2, 2021. Nevertheless, the Court will extend the surrender date until September 28, 2021 by 12:00 p.m. to the institution designated by the Bureau of Prisons. The motion for attorney representation is denied without prejudice. The petition was extremely well written, although the Court makes no comment on its merits. The defendant's position has been clearly stated. There is no right to counsel unless the matter goes to a hearing, which will be decided after the motion is fully briefed. The order extending the surrender date will be docketed under the criminal case number. Mailed notice. (ecw, )
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Filing 2
CIVIL Cover Sheet (jn, )
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255) and no copies filed by Luay Khaled. (Exhibits). ( 18cr863-2). (jn, ) Modified on 8/12/2021 (jn, ).
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| Plaintiff: United States of America | |
| Represented By: | Jeremy C. Daniel |
| Represented By: | AUSA - Chicago |
| Represented By: | Matthew Hernandez |
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| Defendant: Luay Khaled | |
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