Fenderson v. USA
| Tereze L. Fenderson |
| USA |
| 3:2022cv00091 |
| January 18, 2022 |
| US District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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| Document Text |
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Filing 8
NOTICE AND ORDER: The Court is in receipt of #6 and #7 , identical copies of a Motion to Stay filed by Tereze L. Fenderson and dated January 27, 2022, that requested appellate authorization to file a second and successive petition. The Motions are deemed moot and are terminated due to the Order entered by the Seventh Circuit Court of Appeals on January 27, 2022 that denied authorization to Order the District Court to entertain a second or successive motion for collateral review and dismissed the application. Signed by Judge Stephen P. McGlynn on 2/1/2022. (jce)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 7 SECOND MOTION to Stay by Tereze L. Fenderson. (kdw) |
| Filing 6 MOTION to Stay by Tereze L. Fenderson. (kdw) |
| Filing 5 USCA-7 Order (Certified) denying Fenderson's motion for an order authorizing the district court to entertain a second or successive motion for collateral review. (lmb) |
| Filing 4 CLERK'S JUDGMENT. Approved by Judge Stephen P. McGlynn on 1/20/2021. (jce) |
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Filing 3
ORDER: The Court FINDS that Fenderson's petition is second or successive under 2255, see 19-cv-01025-SPM. A petitioner must first receive authorization from the Seventh Circuit Court of Appeals to file a second or successive petition under 28 U.S.C. 2255, and then attach that authorization to second or successive petition. See 28 U.S.C. 2255(h) (a second or successive motion must first be certified by the Court of Appeals as provided in Section 2244); 28 U.S.C. 2244(b)(3)(A). Unless and until Fenderson receives authorization, the Court lacks jurisdiction over the petition. Therefore, Fenderson's petition is DISMISSED for lack of jurisdiction. The Court DIRECTS the Clerk of Court to close the case on the Court's docket. Signed by Judge Stephen P. McGlynn on 1/20/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 2 NOTICE of Appearance by Amanda M. Fischer on behalf of USA (Fischer, Amanda) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Tereze L. Fenderson. (Attachments: #1 Letter to AUSA)(jaj) |
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| Petitioner: Tereze L. Fenderson | |
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| Respondent: USA | |
| Represented By: | Karelia S. Rajagopal |
| Represented By: | Amanda M. Fischer |
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