JOSE-ANTONIO v. UNITED STATES OF AMERICA
| ALBERTO JOSE-ANTONIO |
| UNITED STATES OF AMERICA |
| 1:2018cv03770 |
| November 27, 2018 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| William T Lawrence |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 5
ORDER TO SHOW CAUSE - The clerk shall forward a copy of this Entry to the United States Attorney for this District. The United States is notified of the filing of the petitioner's motion for relief and memorandum in support pursuant to 28 U.S.C. 2255.2. The United States shall have until February 19, 2019, in which to answer the allegations of the motion for relief pursuant to 28 U.S.C. 2255, and the petitioner shall have twenty-eight (28) calendar days after service of the answer in which to reply. Signed by Judge William T. Lawrence on 1/8/2019. Copy Mailed.(CKM)
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Filing 4
Castro Notice - This Order provides the petitioner with his notice of the treatment of his post-judgment filing and his opportunity to withdraw or amend the motion. He shall have through December 31, 2018, in which to either supplement his motion filed on December 15, 2017, with a complete statement of the claims and grounds on which he could and does challenge his conviction and/or sentence or withdraw such motion insofar as it could be thought to seek relief authorized by 28 U.S.C. 2255. He may, in the alternative, notify the Court that the filing of December 15, 2017, does constitute a complete statement of the claims and grounds on which he could and does challenge his conviction and/or sentence. If he does not take one of these steps by December 31, 2018, the motion will be treated as a 2255 motion and the case will proceed. (See Order.) Copy to Petitioner via US Mail. Signed by Judge William T. Lawrence on 12/4/2018.(NAD)
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Filing 1
ENTRY - Discussing Motion to Reduce Sentence and Directing Clerk to Open New 2255 Action as to ALBERTO JOSE-ANTONIO (1); The clerk shall therefore open a new civil action in the Indianapolis Division and re-docket the motion to reduce sentence and brief in support, Dkt. No. 30 and Dkt. No. 31 , as the defendant's motion for relief pursuant to 28 U.S.C. 2255. The filing date shall be December 15, 2017. The Nature of Suit of the new civil action will be 510 and the Cause of Action will be 28:2255. A copy of this Order shall likewise be docketed in the newly opened action. Insofar as filed in this action, the motion to reduce sentence, Dkt. No. 30 , is denied without prejudice except to the extent that a new civil action will be opened. Signed by Judge William T. Lawrence on 11/27/2018. (in Case No. 1:14-cr-00164-WTL-TAB)(REO)
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| Filing 3 BRIEF/MEMORANDUM in Support, re #2 Motion to Vacate/Set Aside/Correct Sentence (2255), filed by Petitioner ALBERTO JOSE-ANTONIO. (Attachments: #1 Envelope)(REO) |
| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by ALBERTO JOSE-ANTONIO. (Attachments: #1 Envelope)(REO) |
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| Petitioner: ALBERTO JOSE-ANTONIO | |
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| Respondent: UNITED STATES OF AMERICA | |
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