HUTCHINS v. USA
| ROBERT HUTCHINS, JR. |
| UNITED STATES OF AMERICA |
| 1:2021cv02578 |
| October 5, 2021 |
| US District Court for the Southern District of Indiana |
| Debra McVicker Lynch |
| Tanya Walton Pratt |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 CLOSED DISMISSED - Entry Directing Dismissal of Action. The petitioner's motion to withdraw, dkt. #4 is effective as a notice of dismissal pursuant to Rule 41(a) of the Federal Rules of Civil Procedure and is terminated as a motion. No judgment is required under these circumstances. The clerk shall also docket this Entry in the underlying criminal action, No. 1:18-cr-00315-TWP-MJD-1 and terminate the motion at Docket No. 96 in that matter. The clerk shall close this action on the docket. Signed by Judge Tanya Walton Pratt on 11/3/2021.(AKH) |
| Filing 4 MOTION to Withdraw, filed by Petitioner ROBERT HUTCHINS, JR. (AKH) |
Filing 3
CASTRO NOTICE - Petitioner Robert Hutchins has filed a motion titled, "Motion to Dismiss," requesting that this Court dismiss the indictment that led to his conviction in Cause No. 1:18-cr-00315-TWP-MJD-1. See dkt. #2 . This Court determined that the filing of the motion challenging this court's jurisdiction seeks relief within the scope of 2255. That document has been processed accordingly and this action has been opened. See dkt. #1 . Because the petitioner's post-judgment motion in his criminal case was treated as a 2255 motion, he is entitled to notice of the treatment and notice that his ability to file any subsequent motion pursuant to 2255 is restricted. He must also be afforded the opportunity to withdraw or amend the motion to include all 2255 claims which he believes he has. The petitioner shall have through November 2, 2021, to either withdraw his motion, amend his motion to include all 2255 claims which he believes he has, or affirm that the pending motion reflects all his 2255 claims. Copy sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 10/6/2021.(AKH)
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| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (1:18-cr-315-TWP-MJD-01) filed by ROBERT HUTCHINS, JR. (dkt. 94). (Attachments: #1 Envelope)(DJH) |
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Filing 1
ORDER Directing Treatment of Post-Judgment Motion and Directing Opening of New Civil Action signed by Judge Tanya Walton Pratt on 10/04/2021 in Cause No. 1:18-cr-315-TWP-MJD. The defendant's motion to dismiss the indictment 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. {94}, 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 Entry shall likewise be docketed in the newly opened action.(DJH)
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| Petitioner: ROBERT HUTCHINS, JR. | |
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| Respondent: UNITED STATES OF AMERICA | |
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