USA v. Kamber
| USA |
| Carlos A. Kamber |
| 1:2024cv00084 |
| December 27, 2023 |
| US District Court for the Northern District of Illinois |
| Martha M Pacold |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Remedies on motion attacking sentence |
| None |
Docket Report
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This docket was last retrieved on February 14, 2024. A more recent docket listing may be available from PACER.
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Filing 4
ORDER: Defendant Kamber was given until 2/1/24 to either withdraw his pleading or submit an amended motion that contains all of his 2255 claims. He has not done so. As a result, the court will proceed with construing the instant pleading as a 2255 motion. Government's response is due by 3/13/2024. Defendant's reply, if any, is due by 3/28/2024. Signed by the Honorable Martha M. Pacold on 2/14/2024. Mailed notice. (jn, )
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Filing 3
ORDER : Carlos Kamber brings a 28 U.S.C. 2254 habeas corpus petition challenging the voluntariness of his guilty plea for violating the conditions of his supervised release terms in United States v. Kamber, No. 22 CR 522 (N.D. Ill.) (Pacold, J.) (Dkt. 31.). His invocation of 2254 is improper as that provision applies to challenges to a state conviction or sentence, but here Kamber is challenging his federal judgment which falls under 28 U.S.C. 2255. Walker v. O'Brien, 216 F.3d 626, 633 (7th Cir. 2000). It is the substance, not the title provided by the prisoner, that controls the Court's treatment of the pleading. Melton v. United States, 359 F.3d 855, 857 (7th Cir. 2004). Consequently, Kamber is instructed pursuant to Castro v. United States, 540 U.S. 375, 383 (2003), the Court: (1) intends to treat his instant pleading as a 28 U.S.C. 2255 motion; (2) the reclassification of the pleading to a 2255 motion will result in this case being subject to the restrictions on second or successive 2255 motions, 28 U.S.C. 2255(h); (3) and, if he wishes, Kamber may either withdraw this pleading or submit an amended 2255 motion that contains all of his 2255 claims he wishes to raise by 2/1/24. Kamber shall file his amended 2255 motion or otherwise notify the Court that he wishes to proceed with the present pleading as a 2255 motion by this date. Failure to contact the Court by that date will result in the Court proceeding with the instant pleading as a 2255 motion. The Clerk shall send Kamber a blank 28 U.S.C. 2255 motion form with instructions. Signed by the Honorable Martha M. Pacold on 1/4/2024:Mailed notice(gcy, )
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| MAILED copy of Order dated 1/4/24 with 28 U.S.C. 2255 motion form with instructions to Carlos A. Kamber. (gcy, ) Modified on 1/4/2024 (gcy, ). |
| CASE ASSIGNED to the Honorable Martha M. Pacold. Designated as Magistrate Judge the Honorable Beth W. Jantz. Case assignment: Direct assignment. (Civil Category 3). (gcy, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (gcy, ) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Carlos A. Kamber. (gcy, ) |
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| Plaintiff: USA | |
| Represented By: | AUSA - Chicago |
| Represented By: | Mary Katherine McClelland |
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| Defendant: Carlos A. Kamber | |
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