Stork v. United States of America

Stork v. United States of America

Petitioner:	Frank E Stork
Respondent:	United States of America
Case Number:	3:2015cv00389
Filed:	August 31, 2015
Court:	US District Court for the Northern District of Indiana
Office:	South Bend Office
County:	XX US, Outside State
Presiding Judge:	Jon E DeGuilio
Presiding Judge:	Christopher A Nuechterlein
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
December 4, 2015	Filing 1 OPINION AND ORDER as to Frank E Stork: The Court DISMISSES Mr. Stork's motion to vacate his sentence under § 2255 DE 159 and DENIES his request for release from imprisonment pending the conclusion of any proceedings under § 2255. The Court also DENIES the issuance of a certificate of appealability on Mr. Stork's claim. The Clerk is DIRECTED to enter judgment accordingly in case numbers 3:10-CR-132 and 3:15-CV-389. The Court GRANTS Mr. Stork's motion for clarification D E 173 and Ms. Soble's motions for leave to file an amicus brief DE 175 and for leave to file that brief after the deadline DE 174 . Finally, the Court construes the amended petition filed by Ms. Soble DE 168 as a brief in support of Mr. Stork's petition instead of as an amended petition, and DIRECTS the Clerk to close case number 3:15-CV-435 as improvidently opened. Signed by Judge Jon E DeGuilio on 12/4/2015. (rmc)

Date Filed

Document Text

December 4, 2015

Filing 1 OPINION AND ORDER as to Frank E Stork: The Court DISMISSES Mr. Stork's motion to vacate his sentence under § 2255 DE 159 and DENIES his request for release from imprisonment pending the conclusion of any proceedings under § 2255. The Court also DENIES the issuance of a certificate of appealability on Mr. Stork's claim. The Clerk is DIRECTED to enter judgment accordingly in case numbers 3:10-CR-132 and 3:15-CV-389. The Court GRANTS Mr. Stork's motion for clarification D E 173 and Ms. Soble's motions for leave to file an amicus brief DE 175 and for leave to file that brief after the deadline DE 174 . Finally, the Court construes the amended petition filed by Ms. Soble DE 168 as a brief in support of Mr. Stork's petition instead of as an amended petition, and DIRECTS the Clerk to close case number 3:15-CV-435 as improvidently opened. Signed by Judge Jon E DeGuilio on 12/4/2015. (rmc)

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Petitioner: Frank E Stork
Represented By:	Matthew D Soliday - FCD(Designation Public Defender or Community Defender Appointment)
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Respondent: United States of America
Represented By:	William T Grimmer - AUSA(Designation Government Attorney)
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