EMERSON v. USA
| SHERMAN EMERSON |
| USA |
| 1:2022cv01482 |
| July 25, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Sarah Evans Barker |
| 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 August 31, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 6 Address updated for SHERMAN EMERSON from Otisville FCI to Fairton FCI. BOP number updated from 07717-018 to 07717-028. Dkts. #3 and #4 resent to SHERMAN EMERSON at Fairton FCI. (JRT) |
| Filing 5 Mail Returned as undeliverable. #4 Closed Judgment, #3 Order on Motion to Vacate/Set Aside/Correct Sentence (2255) sent to SHERMAN EMERSON. (RETURN TO SENDER REFUSED UNABLE TO FORWARD) (CKM) |
| Filing 4 FINAL JUDGMENT -The Court now enters FINAL JUDGMENT. The action is dismissed for lack of jurisdiction. Signed by Judge Sarah Evans Barker on 8/4/2022. Copy Mailed.(CKM) |
Filing 3
ORDER - Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability ; Petitioner Sherman Emerson seeks relief from his conviction in No. 1:04-cr-00201-SEB-TAB-6. He does so after having previously challenged his conviction pursuant to 28 U.S.C. 2255 in No. 1:09-cv-00061-SEB-TAB. That action was decided on the merits and dismissed with prejudice. See id. dkt. 28, 29. See also 1:21-cv-1999-SEB-TAB (dismissing successive 2255 motion for lack of jurisdiction). The current 2255 motion is successive to Emerson's previous motion and that motion was denied on the merits, the current motion must be summarily dismissed for lack of jurisdiction. This action is therefore dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:04-cr-00201-SEB-TAB-6. The motion to vacate (Crim. Dkt. 175) shall also be terminated in the underlying criminal action.Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing 2255 proceedings, and 28 U.S.C. 2253(c), the Court finds that Emerson has failed to show that reasonable jurists would find it "debatable whether [this Court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. Signed by Judge Sarah Evans Barker on 8/4/2022. Copy Sent Via U.S. Mail (CKM)
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| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by SHERMAN EMERSON. (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 Sarah Evans Barker on 7/22/2022 in Cause No. 1:04-cr-201-SEB-TAB-06 (No. 174). The defendant's motion to dismiss two-level enhancement 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 dismiss two-level enhancement, dkt. 173 , 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.(DJH)
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| Petitioner: SHERMAN EMERSON | |
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| Respondent: USA | |
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