PERRYMAN v. USA
| MICHAEL PERRYMAN |
| USA |
| 1:2022cv00889 |
| May 6, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| James Patrick Hanlon |
| 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 25, 2022. A more recent docket listing may be available from PACER.
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Filing 6
CLOSED DISMISSED - ORDER GRANTING MOTION TO WITHDRAW 2255 MOTION AND RELATED FILINGS as to MICHAEL PERRYMAN (1) ***Originally docketed in 1:18-cr-317-JPH-MJD dkt 216*** - Defendant Michael Perryman filed a motion to withdraw his Motion for New Trial and associated documents filed at docket numbers 202, 205, 206, 207 and 208. Defendant's motion, dkt 214, is granted. Docket numbers 202, 205, 206, 207 and 208 are withdrawn. Similarly, Defendant seeks to set aside the Order Directing Opening of New Civil Action which was issued in response to the filing of the now withdrawn documents. This motion, dkt 215, is granted. The Order Directing Treatment of Certain Post-Judgment Motions and Directing Opening of New Civil Action, dkt 210, is vacated. The clerk is directed to strike the Motion to Vacate under 28 U.S.C. 2255, dkt 212, and terminate the associated motion flag. The clerk is directed to docket a copy of this Order in Perryman v. United States, 1:22-cv-889-JPH-TAB. This Order shall result in the dismissal of that civil case without prejudice. The documents upon which that case was opened have been withdrawn and the Order directing the opening of that case has been vacated. Signed by Judge James Patrick Hanlon on 5/25/2022. Copy to Petitioner via US Mail. (DWH)
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| Filing 5 MOTION to set aside the court's May 3rd, 2022 Order, filed by Petitioner MICHAEL PERRYMAN. (Attachments: #1 Envelope)(DWH) |
| Filing 4 MOTION to Appoint Counsel, MOTION for Leave to Proceed in forma pauperis (Dkt. 204 from 1:18-cr-317-JPH-MJD-01) filed by Petitioner, MICHAEL PERRYMAN. (Attachments: #1 Envelope)(DJH) |
| Filing 3 Supplemental Motion for Relief Pursuant to 28 U.S.C. 2255 (Dkt. 207 from 1:18-cr-317-JPH-MJD-01) filed by Petitioner MICHAEL PERRYMAN. (Attachments: #1 Envelope)(DJH) |
| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (1:18-cr-317-JPH-MJD Dkt. No. 206) filed by MICHAEL PERRYMAN. (Attachments: #1 Envelope)(DJH) |
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Filing 1
ORDER Directing Treatment of Certain Post-Judgment Motions and Directing Opening of a New Civil Action signed by Judge James Patrick Hanlon on 5/3/2022 in Cause No. 1:18-cr-317-JPH-MJD-01 (docket No. 210). The defendant's motion for writ of mandamus seeking new trial, dkt 206 , and amended extraordinary motion for a new trial, dkt 207 , argues that the defendant's counsel was constitutionally ineffective and that his sentence must be corrected. These motions shall be treated as a motion seeking relief pursuant to 28 USC 2255. The clerk shall therefore open a new civil action in the Indianapolis Division and re-docket number 206 as the defendant's motion for relief pursuant to 28 U.S.C. 2255, and number 207 as defendant's supplemental motion for relief pursuant to 28 U.S.C. 2255. The Nature of Suit of the new action will be 510 and the Cause of Action will be 28:2255. The clerk shall also re-docket the motion for leave to proceed in forma pauperis and motion to appoint counsel, dkt. 204 , for consideration in the newly opened Section 2255 action. (DJH)
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| Petitioner: MICHAEL PERRYMAN | |
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| Respondent: USA | |
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