MAGGARD v. USA
| DANIEL CHARLES MAGGARD |
| USA |
| 1:2021cv02128 |
| July 27, 2021 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Matthew P Brookman |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on September 20, 2021. A more recent docket listing may be available from PACER.
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Filing 5
ORDER - Dismissing Without Prejudice Motion to Vacate, Set Aside, or Correct Sentence This action under 28 U.S.C. 2255 was opened after petitioner Daniel Maggard filed a motion for modification of imprisonment in his criminal proceeding. Dkt. 1. Mr. Maggard was directed to show cause why this action should not be dismissed as untimely. Dkt. 3. Then, Mr. Maggard moved, in the criminal proceeding, to withdraw the motion for modification. See dkt. 4. The Court granted the motion to withdraw and terminated the pending motion to vacate. Id. In this civil action, the Court interprets Mr. Maggard's motion to withdraw as a notice of dismissal pursuant to Federal Rule of Civil Procedure 41(a). His motion to vacate is dismissed without prejudice. No final judgment is required under these circumstances. The clerk is directed to close this action on the docket. Signed by Judge Sarah Evans Barker on 9/20/2021. Copy Mailed.(CKM)
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Filing 4
ORDER granting motion to withdraw 3582 (c)(1)(A) motion-The clerk is directed to terminate the pending motion to vacate, dkt. 1239 . Additionally, the clerk is directed to file a copy of this Order in Mr. Maggard's civil action, Maggard v. United States, 1:21-cv-02128-SEB-MPB ( 1:14-cr-96-SEB-TAB-17). Signed by Judge Sarah Evans Barker on 9/14/2021.(CBU)
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Filing 3
ORDER - Directing Further Proceedings; Petitioner Daniel Maggard's motion for relief pursuant to 28 U.S.C. 2255 appears to have been filed beyond the time permitted by that statute. The Court may consider, sua sponte, the timeliness of a habeas petition but must afford the parties notice and an opportunity to be heard before acting on their own initiative to dismiss a petition as untimely. See Day v. McDonough, 547 U.S. 198 (2006). As explained, it appears that Mr. Maggard's 2255 motion was filed more than three years after the statute of limitations expired. He shall have through August 30, 2021, in which to show cause why that motion should not be summarily dismissed as untimely. Signed by Judge Sarah Evans Barker on 7/30/2021. Copy Mailed. (CKM)
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| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by DANIEL CHARLES MAGGARD. (Attachments: #1 Envelope)(REO) |
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Filing 1
ORDER Directing Treatment of Post-Judgment Motion and Directing Opening of New Civil Action as to DANIEL CHARLES MAGGARD (17) - The defendant's second motion for modification of imprisonment shall be treated as a motion seeking relief pursuant to 28 U.S.C. 2255. The clerk shall therefore open a new civil action in the Indianapolis Division and re-docket the motion to void judgment, dkt. 1236, as the defendant's motion for relief pursuant to 28 U.S.C. 2255. 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 the above action, the motion, dkt. 1236, is denied without prejudice except to the extent that a new civil action will be opened (SEE ORDER). Signed by Judge Sarah Evans Barker on 7/27/2021.(REO)
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| Petitioner: DANIEL CHARLES MAGGARD | |
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| Respondent: USA | |
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