United States of America v. Hoarde III
| United States of America |
| McKinley Hoarde III |
| 3:2020cv50142 |
| April 16, 2020 |
| US District Court for the Northern District of Illinois |
| Iain D Johnston |
| Philip G Reinhard |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 9
ORDER signed by the Honorable Philip G. Reinhard on 6/9/2020: The court is in receipt of defendant's request for docket sheets and sentencing transcripts #8 . The Clerk of Court is directed to provide defendant with copies of the docket sheets from 20 CV 50142 and 17 CR 50030 (defendant's criminal matter). Defendant's request for sentencing transcripts is denied. As defendant did not appeal his conviction or sentence, no transcripts have been prepared of his sentencing hearing. Additionally, because he pleaded guilty to the charges against him, no trial was held, so no trial transcript was prepared. Courts in this circuit confronting similar requests from defendants have "construe[d] the request as a motion for preparation of the sentencing transcript at government expense, pursuant to 28 U.S.C. 753(f)[.]" See United States v. Moon, 2011 WL 692041, at *1 (W.D. Wisc. Feb 17, 2011) (denying relief because defendant had not explained why transcript was necessary for a meritorious 2255 claim); United States v. Crawford, 2008 WL 4426093, at *1 (C.D. Ill. Sept. 26, 2008) (same). Section 753(f) provides in relevant part "[f]ees for transcripts furnished in proceedings brought under section 2255 of this title to persons permitted to sue or appeal in forma pauperis shall be paid by the United States... if the trial judge or a circuit judge certifies that the suit or appeal is not frivolous and that the transcript is needed to decide the issue presented by the suit or appeal." As in Moon and Crawford, here defendant has not explained why his sentencing transcript would be necessary to decide issues that have been brought in his 28 U.S.C. 2255 motion. Thus, the court cannot determine at this point whether he is entitled to his transcripts under 753(f), and as such, defendant's motion must be denied without prejudice. Mailed notice(sb, )
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| Filing 8 LETTER from McKinley Hoarde III dated 5/28/2020. (Attachments: #1 Envelope) (jp, ) |
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Filing 7
ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket11, )
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Filing 6
ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket10, )
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Filing 5
ORDER : The court is in receipt of defendant's motion for relief pursuant to 28 U.S.C. 2255 #1 . The government is given until May 21, 2020, to file a response to the merits of defendant's 2255 motion or other motion directed to 2255 relief. Defendant is given until June 23, 2020, to file any reply. Signed by the Honorable Philip G. Reinhard on 4/22/2020. Mailed by jcc (jp, )
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Filing 4
ORDER Second Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance. Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020. Mailed notice (jp, )
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| Filing 3 MEMORANDUM of Law in Support of Petitioner's #1 . (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by McKinley Hoarde III (17 cr 50030). (Attachments: #1 Envelope)(jp, ) |
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| Defendant: McKinley Hoarde III | |
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| Plaintiff: United States of America | |
| Represented By: | Margaret Jean Schneider |
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