Suggs v. USA
| Joseph Suggs |
| USA |
| 3:2018cv01533 |
| August 24, 2018 |
| US District Court for the Southern District of Illinois |
| Michael J Reagan |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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Filing 8
ORDER: On August 24, 2018, Joseph Suggs filed a petition to vacate, set aside, or correct his sentence under 28 U.S.C. 2255, together with a lengthy supporting brief in a single document (Doc. #1 ). On August 28, 2018, he refiled the petition with one change on Pages 4 and 8 (a witness signature) but omitting the supporting brief (pages 9 through 41 of Doc. 1). The Clerk's Office understandably docketed the August 28th filing as an amended petition. In the Order on threshold review, the undersigned noted that Suggs was proceeding without the aid of counsel and so the Court would liberally construe the pleadings together. On September 20, 2018, however, Suggs moved to strike what was docketed as the amended petition (Doc. #2 ), clarifying that he wishes to proceed only on his initial petition (Doc. #1 ). Suggs is the master of his petition and can opt to proceed on the original filing (Doc. #1 ). The witness signatures included on the amended filing are not needed to verify Suggs' signature. Accordingly, the Court GRANTS Suggs' motion to strike (Doc. #7 ) to the extent the Court will treat as WITHDRAWN the amended filing at Document No. 2. This case shall proceed on the original petition (Doc. #1 ), with the briefing schedule set in Doc. 5 -- USA response due October 31, 2018; Suggs' reply due November 27, 2018. Signed by Chief Judge Michael J. Reagan on 9/21/2018. (rah)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 MOTION to Strike 'Duplicate' or 'Erroneous' Filing #2 Motion to Vacate/Set Aside/Correct Sentence (2255) by Joseph Suggs. (kdb) |
| Filing 6 NOTICE of Appearance by Amanda M. Fischer on behalf of USA (Fischer, Amanda) |
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Filing 5
ORDER finding as moot #4 Motion for Leave to Proceed in forma pauperis: Joseph Suggs moves for leave to proceed in forma pauperis herein. Since there is no filing fee to initiate a Section 2255 proceeding in the District Court, the Court DENIES AS MOOT Suggs' motion to proceed IFP (Doc. 4). The undersigned, by separate Order, conducted threshold review on Suggs' petition and entered a briefing schedule for the parties, with the United States responding by October 31, 2018 and Suggs replying by November 27, 2018.After reviewing the briefs, the undersigned will determine whether an evidentiary hearing or oral argument is needed. Signed by Chief Judge Michael J. Reagan on 9/7/2018. (soh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 4 MOTION for Leave to Proceed in forma pauperis by Joseph Suggs. (kek) |
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Filing 3
ORDER: The United States of America shall file a response to the petition (which may include affidavits from Petitioner's prior lawyers, if appropriate) by October 31, 2018. Petitioner Suggs may file a reply brief (no longer than 8 pages total) by November 27, 2018. Once the Court has reviewed the briefs, the undersigned will decide whether an evidentiary hearing is appropriate. If so, and if Petitioner qualifies under 18 U.S.C. 3006A, the Court will appoint counsel for Petitioner. The request for an evidentiary hearing contained in the petition is DENIED AT THIS TIME and will be revisited once the briefs have been reviewed. Signed by Chief Judge Michael J. Reagan on 9/4/2018. (rah)
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| Filing 2 WITHDRAWN per Order at Doc. 8. Amended MOTION to Vacate, Set Aside or Correct Sentence (2255) with Verifier/Witness Signatures on pages 4 and 8, filed by Joseph Suggs.(tkm) Modified on 9/24/2018 (kls3). |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Joseph Suggs. (Attachments: #1 Letter to AUSA)(jaj) |
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| Petitioner: Joseph Suggs | |
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| Respondent: USA | |
| Represented By: | Laura V. Reppert |
| Represented By: | Amanda M. Fischer |
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