MCKISSICK v. USA
| DAMION MCKISSICK |
| USA |
| 1:2022cv00645 |
| March 30, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Tanya Walton Pratt |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on May 20, 2022. A more recent docket listing may be available from PACER.
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| Filing 10 RESPONSE re #8 MOTION for Extension of Time to July 18, 2022 in which to #2 Order to Show Cause , filed by Petitioner DAMION MCKISSICK. (Attachments: #1 Envelope)(AKH) |
Filing 9
ORDER - This matter having is before the Court on the United States's motion for a sixty (60) day extension of time to respond to the Petitioner's Motion for Post-Conviction Relief under 28 U.S.C. 2255. The Court, being duly advised in the premises, now GRANTS the motion, dkt. #8 , finding it to be made for good cause. The United States shall have to and including July 18, 2022, to file its response to the Petitioner's 2255 motion. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 5/19/2022. (AKH)
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| Filing 8 MOTION for Extension of Time to July 18, 2022 in which to #2 Order to Show Cause , filed by Respondent USA. (Attachments: #1 Text of Proposed Order)(Shepard, Bradley) |
| Filing 7 NOTICE of Appearance by Bradley Paul Shepard on behalf of Respondent USA. (Shepard, Bradley) |
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Filing 6
ORDER DENYING #5 MOTION FOR SUMMARY JUDGMENT - This matter is before the Court on a Motion For Summary Judgment filed by Petitioner Damion McKissick. (Dkt. #5 ). In March 2022, McKissick filed a Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255. (Dkt. #1 ). On April 6, 2022, the Court issued an Order to Show Cause giving the Respondent through May 17, 2022, to respond to the allegations in the 2255 motion. (Dkt. #2 ). Shortly thereafter, McKissick filed the instant Motion seeking summary judgment arguing that there are "no genuine issues of material fact upon which [he] would not be entitled to relief." (Dkt. #5 at 1-2). McKissick's Motion for Summary Judgment is premature. The deadline to respond has not expired, and the Court may not consider the merits of the 2255 motion until the Respondent has had a chance to do so and McKissick has had an opportunity to reply. Additionally, a summary judgment motion is unnecessary in this context. McKissick presents his claims for relief in his 2255 motion, and any subsequent motion for summary judgment is duplicative. For these reasons, the motion for summary judgment, dkt. #5 , is DENIED. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 5/4/2022. (AKH)
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| Filing 5 MOTION for Summary Judgment, filed by Petitioner DAMION MCKISSICK. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
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Filing 4
ORDER GRANTING #3 MOTION TO SUPPLEMENT - The petitioner's motion to supplement, dkt. #3 , is GRANTED. The respondent shall address the issues raised in the motion to supplement in its response to the Order to Show Cause. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/19/2022. (AKH)
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| Filing 3 MOTION to Supplement Ground #7 in #1 Motion to Vacate, filed by Petitioner DAMION MCKISSICK. (Attachments: #1 Exhibits, #2 Envelope)(AKH) |
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Filing 2
ORDER TO SHOW CAUSE - On March 30, 2022 Petitioner Damion McKissick filed a Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. 2255. (Dkt. #1 ). Accordingly, the Court issues a show cause order and instructs as follows: 1. The clerk shall forward a copy of this Order to the United States Attorney for this District. The United States is notified of the filing of the petitioner's motion for relief pursuant to 28 U.S.C. 2255. 2. The United States shall have until May 17, 2022, 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.3. If the United States' answer refers to briefs, filings, or transcripts of the prior proceedings that are not available in the Court's electronic records, the United States is directed to furnish them along with its answer. Any motion for an extension of time to file an answer should include a statement notifying the Court whether and when a request for production of transcripts has been made to the court reporter. 4. Any motion for an extension of time filed by the respondent must include the petitioner's current earliest possible release date. (See Order). Show Cause Response due by 5/17/2022. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 4/6/2022. (AKH)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (1:16-cr-001-TWP-TAB-02) filed by DAMION MCKISSICK. (Attachments: #1 Cover Letter, #2 Envelope)(DJH) |
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| Petitioner: DAMION MCKISSICK | |
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| Respondent: USA | |
| Represented By: | Bradley Paul Shepard |
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