Turner v. USA
| Robert T Turner |
| USA |
| 3:2021cv01623 |
| December 3, 2021 |
| US District Court for the Southern District of Illinois |
| J Phil Gilbert |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 |
| None |
Docket Report
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This docket was last retrieved on December 23, 2021. A more recent docket listing may be available from PACER.
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Filing 25
ORDER. This case was originally opened in the United States District Court for the Northern District of West Virginia, the district of petitioner Robert T. Turner's confinement (Doc. 1). That court recharacterized the petition as a motion to vacate, set aside, or correct the sentence under 28 U.S.C. 2255 and transferred the case to the Southern District of Illinois, the district of Turner's conviction, to be opened as an independent 2255 case (Doc. 18). It was eventually assigned to the undersigned judge, who presided over Turner's criminal case (Doc. 18). The wrinkle in this plan is that Turner already has a 2255 motion pending and fully briefedTurner v. United States, Civil No. 20-cv-50-JPG. The Court has reviewed the pleading in this case and believes that it is appropriate to envelop it in the existing 2255 case and to construe it as a motion for leave to supplement Turner's original 2255 motion with a new ground for relief based on United States v. Ruth, 966 F.3d 642 (7th Cir. 2020), cert. denied, 141 S. Ct. 1239 (2021). Accordingly, the Court DIRECTS the Clerk of Court to docket the 2241 petition that began this case (Doc. 1) as a motion for leave to supplement Turner's 2255 motion in Turner v. United States, Civil No. 20-cv-50-JPG and to TERMINATE this case without prejudice. The Court will determine whether to allow Turner to amend his 2255 motion in that case after allowing an adequate time for the respondent to respond. Signed by Judge J. Phil Gilbert on 12/23/2021. (tlp)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 24 Letter to AUSA George Norwood regarding opening of Motion to Vacate, Set Aside or Correct Sentence filed by Robert T. Turner. (kare) |
| Filing 23 Case # 21-1556-SPM transferred in our district as a 28:2241; Order entered at doc. 21 to open case as a 28:2255. Case reopened and assigned 21-1623-JPG.(dkd) |
| Filing 22 Case Assigned to Judge J. Phil Gilbert. Judge Stephen P. McGlynn no longer assigned to the case. (dkd) |
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Filing 21
ORDER: The Court instructs the Clerk's Office to open the case as a Section 2255 Motion to Vacate with the sentencing judge. Signed by Judge Stephen P. McGlynn on 12/8/2021. (jsm2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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Filing 20
This Court has received your petition and your filing fee from the Northern District of West Virginia, previously assigned case number: 21-cv-46. Your new case number is 21-1556-SPM. The following is important information concerning the initial stages of your lawsuit. The Court will review your petition to determine whether it survives preliminary review under Rule 4 and Rule 1(b) of the Rules Governing Section 2254 Cases in United States District Courts. The Court will conduct this review within the next 60 days and inform you of the findings in an Order. No other action will be taken in your case during this time, absent extraordinary circumstances. Therefore, you do not need to submit any evidence, argument, motions, or other documents. If you do not receive a preliminary review Order within the next 60 days, you may file a motion requesting the status of your case. If you filed a motion for recruitment of counsel, it will not be considered until the Court has completed the preliminary review of your petition. Please note that any motion for recruitment of counsel must include evidence of your own efforts to find counsel such as a list of the attorneys you contacted and copies of letters you sent or received. See Pruitt v. Mote, 503 F.3d 647, 654-55 (7th Cir. 2007). In the event your petition survives the preliminary review, the Court will instruct the respondent to file a response to the petition and you will be notified of your deadline to file a reply. In addition, several administrative matters warrant mention. Any communication directed to the Court should be in the form of a motion or other pleading and not a letter. All mail should be sent to: Clerk's Office, U.S. District Court, 750 Missouri Avenue, East St. Louis, IL 62201. Finally, you are advised that if your address changes, you must notify the Court within seven days of the change by filing a Notice of Change of Address. Failure to do so could result in the dismissal of your case. Signed by Judge Stephen P. McGlynn on 12/8/2021. (jaj)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 19 Case transferred in from District of West Virginia Northern; Case Number 1:21-cv-00046. Original file certified copy of transfer order and docket sheet received. |
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Filing 18
TRANSFER ORDER. Signed by District Judge John Preston Bailey on 12/3/2021. (Copy to PS Petitioner by CM,RRR) (dk) [Transferred from West Virginia Northern on 12/3/2021.]
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| Case transferred to District of Southern District of Illinois. Entire Case file electronically transmitted. (dk) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 17 RETURN RECEIPT as to #16 NOTIFICATION TO PETITIONER OF RIGHT TO CONSENT TO PROCEED UNDER 28 U.S.C. 2255 OR TO PROCEED AS FILED. SERVICE ACCEPTED on 11/1/2021, per USPS. (wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 16 NOTIFICATION TO PETITIONER OF RIGHT TO CONSENT TO PROCEED UNDER 28 U.S.C. 2255 OR TO PROCEED AS FILED. Signed by Magistrate Judge James P. Mazzone on 10/28/2021. (Mailed to PS Petitioner via CM, RRR.)(wrr) (Additional attachment(s) added on 10/28/2021: #1 Certified Mail Return Receipt) (wrr). [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 15 RETURN RECEIPT as to #14 Order. SERVICE ACCEPTED on 10/12/21. (mh) [Transferred from West Virginia Northern on 12/3/2021.] |
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Filing 14
ORDER TRANSFERRNG CASES. Signed by District Judge Thomas S. Kleeh on 10/5/2021. Copy to pro se parties by cm,rrr.(cmd) (Additional attachment(s) added on 10/6/2021: #10 Certified Mail Return Receipt) (wrr). [Transferred from West Virginia Northern on 12/3/2021.]
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| Filing 13 Filing fee PAID: $ 5.00, receipt number WVNC003231. (wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
| IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Preparing for NextGen CM/ECF is a two-step process. Step One was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-filing account in the new NextGen CM/ECF system on or after July 19, 2021. Instructions for linking your account can be found #here. PLEASE NOTE: The WVND CM/ECF system will be unavailable from 1:00 pm on Friday July 16, 2021 until 8:00 am Monday, July 19, 2021. An extension for electronic filing will be granted for all documents with court-imposed deadlines falling between 1:00 pm on Friday, July 16, 2021, and midnight on Sunday, July 18, 2021. All documents due during that period must be filed prior to 1:00 pm Friday, July 16, 2021, or on Monday, July 19, 2021. If you have any additional questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI) [Transferred from West Virginia Northern on 12/3/2021.] |
| IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM?ECF system to Next Generation of CM/ECF (NextGen CM/ECF) on Monday, July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here. Preparing for NextGen Cm/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have thei r own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVND e-fling account in the new NextGen CM/ECF system on or after July 19, 2021. Please log in to the WVND CM/ECF system at https://ecf.wvnd.uscourts.gov/ before July 19, 2021 to make sure you know your current WVND e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVND Clerks CM/ECF Office Help Desk at (304) 267-5682. (cmd) (ADI) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 12 RETURN RECEIPT as to #11 ORDER DENYING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PETITIONER TO PAY THE $5.00 FILING FEE. SERVICE ACCEPTED on 6/11/2021. (wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
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Filing 11
ORDER DENYING PETITIONER'S MOTION TO PROCEED IN FORMA PAUPERIS AND DIRECTING PETITIONER TO PAY THE $5.00 FILING FEE. It is ORDERED that Petitioners Motion to Proceed in Forma Pauperis [ECF No. #2 ] is DENIED, and he is DIRECTED to pay the $5.00 filing fee within 30 days from the date of entry of this order. Signed by Magistrate Judge Michael John Aloi on 6/8/2021. (Mailed to PS Petitioner via CM, RRR.)(wrr) (Additional attachment(s) added on 6/8/2021: #1 Certified Mail Return Receipt) (wrr). [Transferred from West Virginia Northern on 12/3/2021.]
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| IMPORTANT NOTICE: The United States District Court for the Northern District of West Virginia (WVND) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on July 19, 2021. Complete information regarding the WVND NextGen CM/ECF implementation can be found #here.Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the New WVND NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVND e-filing attorneys once the WVND NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVND e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step cant be completed until on or after July 19, 2021. The first step is to check and see if your PACER account is an upgraded PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have un upgraded PACER account and no action is required until after the WVND NextGen CM/ECF upgrade occurs on July 19, 2021: 1) You have a an upgraded PACER account for another NextGen court; or 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVND CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent later detailing how to handle the second step in this process. If you still have questions, please contact the PACER Service Center at 800-676-6856 or the WVND Clerks Office CM/ECF Help Desk at (304) 267-5682. (cmd) (ADI) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 10 Ledger Sheets as to Robert Turner. (Attachments: #1 Letter from Correctional Counselor, #2 Copy of Notice of Deficient Pleading, #3 Envelope)(wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 9 RETURN RECEIPT as to #8 Order to Show Cause. SERVICE ACCEPTED on 5/13/2021. (wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
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Filing 8
ORDER TO SHOW CAUSE. The petitioner has 14 days from the date of this Order to show cause why his case should not be dismissed without prejudice. Signed by Magistrate Judge Michael John Aloi on 5/11/2021. (Mailed to PS Petitioner via CM, RRR.)(wrr) (Additional attachment(s) added on 5/11/2021: #1 Certified Mail Return Receipt) (wrr). [Transferred from West Virginia Northern on 12/3/2021.]
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| Filing 7 RETURN RECEIPT as to #6 Amended Notice of General Guidelines for Appearing Pro Se In Federal Court. SERVICE ACCEPTED on 5/7/2021, per USPS. (wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 6 Amended Notice of General Guidelines for Appearing Pro Se In Federal Court. (Copy to PS Petitioner via CM, RRR.)(wrr) (Additional attachment(s) added on 5/5/2021: #1 Certified Mail Return Receipt) (wrr). [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 5 ** SEALED** MOTION for Leave to Proceed in forma pauperis by Robert T. Turner. (Attachments: #1 Letter to Clerk of Court, #2 Envelope)(wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 4 RETURN RECEIPT as to #2 Notice of Deficient Pleading, #3 Notice of General Guidelines for Appearing Pro Se In Federal Court. SERVICE ACCEPTED on 4/14/2021. (wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 3 Notice of General Guidelines for Appearing Pro Se In Federal Court. (Mailed to PS Petitioner via CM, RRR.) (wrr) (Additional attachment(s) added on 4/12/2021: #1 Certified Mail Return Receipt) (wrr). [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 2 NOTICE OF DEFICIENT PLEADING. (Mailed to PS Petitioner via CM, RRR. IFP and PTAR forms enclosed.) (wrr) (Additional attachment(s) added on 4/12/2021: #1 IFP Form, #2 PTAR form) (wrr). (Additional attachment(s) added on 4/12/2021: #3 Certified Mail Return Receipt) (wrr). [Transferred from West Virginia Northern on 12/3/2021.] |
| Filing 1 PETITION for Writ of Habeas Corpus against R.M. Wolfe, filed by Robert T. Turner. (Attachments: #1 Envelope)(wrr) [Transferred from West Virginia Northern on 12/3/2021.] |
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| Petitioner: Robert T Turner | |
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| Respondent: USA | |
| Represented By: | George A. Norwood |
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