United States of America v. Neville, Jr.
| United States of America |
| Derrick T. Neville, Jr. |
| 3:2021cv50145 |
| April 5, 2021 |
| US District Court for the Northern District of Illinois |
| Lisa A Jensen |
| Iain D Johnston |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Filing 6 MINUTE entry before the Honorable Iain D. Johnston: The movant's motion for counsel #5 is denied without prejudice. Counsel is provided in federal postconviction proceedings only when an evidentiary hearing is needed or if the interests of justice require. See Rule 8(c) of the Rules Governing 2255 Proceedings; 18 U.S.C. 3006A(a)(2)(B); Taylor v. Knight, 223 Fed. Appx. 503, 504 (7th Cir. 2007). The Court has reviewed Mr. Neville's motion and he appears to have been able to articulate the bases of his claims of ineffective assistance of counsel. He has identified no medical or mental condition that would have impaired his abilities. And he identified no attorneys who turned down his requests to represent him. In addition, the government's response is not yet due and so at this point there is nothing more for the movant to do. Mr. Neville may move again for counsel if developments warrant, and consistent with the requirements of Rule 8(c) of the Rules Governing 2255 Proceedings, the Court will appoint counsel if an evidentiary hearing is needed. Mailed notice (yxp, ) |
| Filing 5 MOTION by Defendant Derrick T. Neville, Jr. for attorney representation (Attachments: #1 Envelope) (jp, ) |
| Filing 4 MINUTE entry before the Honorable Iain D. Johnston: The movant's motion to proceed in forma pauperis #3 is denied without prejudice. There is no filing fee for a motion under 28 U.S.C. 2255, he has not identified any costs he anticipates incurring that he would be unable to pay, especially in light of his institutional trust account statement, which shows that his balance often exceeds several hundred dollars. The movant may filed a renewed motion if developments warrant. The government shall respond to the movant's motion by 6/7/2021, and the movant may reply by 7/12/2021. Mailed notice (yxp, ) |
| Filing 3 APPLICATION by Defendant Derrick T. Neville, Jr. for leave to proceed in forma pauperis. (jp, ) |
| Filing 2 PRISONER CIVIL Cover Sheet. (jp, ) |
| Filing 1 RECEIVED MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Derrick T. Neville, Jr. (17 cr 50032) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Envelope) (jp, ) |
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| Defendant: Derrick T. Neville, Jr. | |
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| Plaintiff: United States of America | |
| Represented By: | Talia M. Bucci |
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