Perkins v. USA
| Algernon C Perkins |
| USA |
| 3:2022cv01826 |
| August 10, 2022 |
| US District Court for the Southern District of Illinois |
| Nancy J Rosenstengel |
| 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 6
ORDER DENYING AS MOOT MOTION for Leave to Respond to Governments' Response by Algernon C Perkins. (Doc. 5). On August 26, 2022, the Court found that Perkins's petition is second or successive under 2255. 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. 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). Until Perkins receives authorization, the Court lacks jurisdiction over the petition. Signed by Chief Judge Nancy J. Rosenstengel on 8/30/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 MOTION for Leave to Respond to Governments Response by Algernon C Perkins. (kare) |
| Filing 4 CLERK'S JUDGMENT. Approved by Chief Judge Nancy J. Rosenstengel on 8/26/2022. (drr) |
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Filing 3
ORDER: The Court FINDS that Perkins's petition is second or successive under 2255. 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. 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). Until Perkins receives authorization, the Court lacks jurisdiction over the petition. Therefore, Perkins's petition is DISMISSED for lack of jurisdiction. Signed by Chief Judge Nancy J. Rosenstengel on 8/26/2022. (drr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 2 MOTION to Dismiss Second 2255 Petition by USA. (Hudson, Jennifer) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Algernon C Perkins. (Attachments: #1 Letter to Court from Petitioner, #2 Letter to AUSA)(jaj) |
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| Petitioner: Algernon C Perkins | |
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| Respondent: USA | |
| Represented By: | Jennifer D.L. Hudson |
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