EMERSON v. UNITED STATES OF AMERICA
| SHERMAN EMERSON |
| UNITED STATES OF AMERICA |
| 1:2021cv01999 |
| July 9, 2021 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on September 1, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 7 Address updated for Plaintiff SHERMAN EMERSON from PETERSBURG - MEDIUM FCI to OTISVILLE - FCI based on Bureau of Prisons website. Docket #4 and #5 resent to Plaintiff SHERMAN EMERSON at OTISVILLE - FCI. (TMC) |
| Filing 6 Mail Returned as undeliverable. #4 Order, #5 Closed Judgment sent to SHERMAN EMERSON. (Return to Sender Not Deliverable as Addressed ) (CKM) |
| Filing 5 CLOSED JUDGMENT. FINAL JUDGMENT PURSUANT TO FED. R. CIV. PRO. 58 - The Court having this day made its Entry directing the entry of final judgment, the Court now enters FINAL JUDGMENT. The action is dismissed for lack of jurisdiction. (Copy to Plaintiff via U.S. mail) Signed by Judge Sarah Evans Barker on 7/27/2021. (JDC) |
Filing 4
Order Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability - Petitioner Sherman Emerson seeks relief from his conviction in No. 1:04-cr-00201-SEB-TAB-6. He does so after having previously challenged his conviction pursuant to 28 U.S.C. 2255 in No. 1:09- cv-00061-SEB-TAB. That action was decided on the merits and dismissed with prejudice. See id. dkt. 28, 29. Because the current 2255 motion is successive to Emerson's previous motion and that motion was denied on the merits, the current motion must be summarily dismissed for lack of jurisdiction. The Seventh Circuit has explained: ***SEE ORDER FOR ADDITIONAL INFORMATION***This action is therefore dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:04-cr-00201-SEB-TAB-6. The motion to vacate (Crim. Dkt. 165) shall also be terminated in the underlying criminal action. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing 2255 proceedings, and 28 U.S.C. 2253(c), the Court finds that Emerson has failed to show that reasonable jurists would find it "debatable whether [this Court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (Copy to Plaintiff via U.S. mail) Signed by Judge Sarah Evans Barker on 7/27/2021.(JDC)
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| Filing 3 Case transferred in from District of New York Southern; Case Number 1:21-cv-05647. Original file copy of transfer order and docket sheet received. |
| Mailed a copy of #2 Order to Sherman Emerson, 07717-028 at Federal Correctional Insititution, P.O. Box 1000, Otisville, NY 10963. (kh) [Transferred from New York Southern on 7/9/2021.] |
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Filing 2
TRANSFER ORDER: Movant, currently incarcerated in the Federal Correctional Institution in Otisville, New York, brings this pro se motion, under 28 U.S.C. 2255, seeking to challenge the imposition of his sentence rendered in the United States District Court for the Southern District of Indiana. Because Movant was convicted and sentenced in the United States District Court for the Southern District of Indiana, under Local Civil Rule 83.1, this action is hereby transferred to the United States District Court for the Southern District of Indiana. The Clerk of Court is directed to mail a copy of this order to Movant and note service on the docket. The Clerk of Court is further directed to transfer this action to the United States District Court for the Southern District of Indiana. This order closes this case. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED (Signed by Judge Laura Taylor Swain on 6/30/21) (rdz) Transmission to Docket Assistant Clerk for processing. Transmission to Office of the Clerk of Court for processing. [Transferred from New York Southern on 7/9/2021.]
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| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case..(wb) [Transferred from New York Southern on 7/9/2021.] |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (28 U.S.C. 2255). NO FURTHER ENTRIES. PLEASE SEE CRIMINAL CASE: 04-cr-201 (SDIN).Document filed by Sherman Emerson.(rdz) [Transferred from New York Southern on 7/9/2021.] |
| Case Designated ECF. (rdz) [Transferred from New York Southern on 7/9/2021.] |
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