JONES v. USA
| JOE JONES |
| USA |
| 1:2021cv02140 |
| July 27, 2021 |
| US District Court for the Southern District of Indiana |
| Sarah Evans Barker |
| Debra McVicker Lynch |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on September 14, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 5
ORDER - Granting Motion to Dismiss; Petitioner Joe Jones filed a motion for court assistance in his closed criminal case and that motion was treated as a motion seeking relief under 28 U.S.C. 2255. Dkt. 1. Mr. Jones was given the notice of this treatment required by Castro v. United States, 540 U.S. 375, 383 (2003) and the opportunity to withdraw or amend the 2255 motion. Dkt. 3. Mr. Jones has since filed a motion to dismiss. The motion to dismiss, dkt. #4 , is granted. This action is dismissed without prejudice. The clerk shall close this action on the docket. Signed by Judge Sarah Evans Barker on 9/14/2021. Copy Mailed.(CKM)
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| Filing 4 MOTION to Dismiss, filed by Petitioner JOE JONES. (Attachments: #1 Envelope)(CKM) |
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Filing 3
ORDER of 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 September 7, 2021, in which to either supplement his motion 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 his filing 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 September 7, 2021, the motion will be treated as a 2255 motion and the case will proceed. Signed by Judge Sarah Evans Barker on 8/4/2021. Copy Mailed.(CKM)
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| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by JOE JONES. (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 JOE JONES (1) - The defendant's motion for court assistance, dkt. 91, shall be treated as a motion seeking relief under 28 U.S.C. 2255. The clerk shall therefore open a new civil action in the Indianapolis Division and re-docket the motion for court assistance, dkt. 91, 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 for court assistance, dkt. 91, 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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