Gary v. USA
Petitioner: James L. Gary
Respondent: USA
Case Number: 3:2018cv02139
Filed: December 3, 2018
Court: US District Court for the Southern District of Illinois
Presiding Judge: David R Herndon
Referring Judge: Nancy J Rosenstengel
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 13, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 21, 2018 Opinion or Order Filing 3 ORDER: Petitioner James Gary brings this action to vacate, set aside, or correct his federal sentence pursuant to 28 U.S.C. 2255. The 2255 petition survives preliminary review under Rule 4. Gary mentions that he has a "more articulated version" of his 2255 that he cannot access right now due to a lockdown. It appears that this "more articulated version" will raise the same arguments set forth in his current petition, and he filed the current petition to ensure it was timely. Nonetheless, the Court ALLOWS Gary the option of filing an Amended 2255 petition on or before January 21, 2019. Gary is ADVISED that this Amended 2255 will take the place of the original, thus it must include all claims for relief. If an Amended 2255 is filed, the Court will not consider the 2255 filed at Doc. #1 . The USA is DIRECTED to respond by March 7, 2019. If Gary does not file an Amended 2255 petition within the allotted time, the Government should respond to the original petition. Gary may file a reply brief (no longer than 5 pages) on or before March 25, 2019. If review of the briefs indicates that an evidentiary hearing is warranted, the Court will immediately set the hearing by separate notice. Signed by Judge Nancy J. Rosenstengel on 12/21/2018. (bak)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
December 18, 2018 Filing 2 Case Reassigned to Judge Nancy J. Rosenstengel. Judge David R. Herndon no longer assigned to the case. (cds)
December 3, 2018 Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by James L. Gary. (Attachments: #1 Letter to AUSA)(jaj)

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Respondent: USA
Represented By: Donald S. Boyce
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Petitioner: James L. Gary
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