WEATHERS v. UNITED STATES OF AMERICA
| CURTIS A. WEATHERS |
| UNITED STATES OF AMERICA |
| 1:2022cv01599 |
| August 11, 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 September 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 5 ENTRY - The Court issued a Castro notice to the petitioner, Curtis Weathers, on August 17, 20221. Dkt. #3 . The Postal Service returned the mailing, dkt. #4 , and the Bureau of Prisons' web site indicates that Mr. Weathers has been moved to a new facility. 1. The clerk is DIRECTED to resend the Castro notice, dkt. #3 , and a 28 U.S.C. 2255 motion form to Mr. Weathers at the address below. 2. The clerk is DIRECTED to update Mr. Weathers' address on the docket. 3. Mr. Weathers will have through October 24, 2022, to file an amended motion, withdraw his motion, or notify the Court of his intent to proceed as directed in the Castro notice. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 9/21/2022. (Attachments: #1 Blank Form: Motion to Vacate, Set Aside or Correct a Sentence)(AKH) |
| Filing 4 Mail Returned as undeliverable. #3 Order sent to CURTIS A. WEATHERS. Not deliverable as addressed. Unable to Identify Inmate. (AKH) |
Filing 3
CASTRO NOTICE - This matter is before the Court on a Motion to Vacate, Set Aside or Correct Sentence. Filed by Petitioner Curtis A. Weathers. (Dkt. #1 ). The Court previously determined that Mr. Weathers' letter of July 3, 2022, (Dkt. #2 ), seeks relief within the scope of 2255. That document has been processed accordingly. This Order provides Mr. Weathers with notice of the treatment of his post-judgment filing and his opportunity to withdraw or amend the motion. He shall have through September 16, 2022, to: (1) file an amended motion which contains a complete statement of the claims and grounds on which he could and does challenge his conviction, and/or sentence; (2) withdraw such motion insofar as it could be thought to seek relief authorized by 28 U.S.C. 2255, or (3) notify the Court that the original motion, dkt. #2 , 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 16, the motion will be treated as a 2255 motion and the case will proceed. The clerk shall include a form 2255 motion with the petitioner's copy of this Order. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 8/17/2022. (Attachments: #1 Blank Form: 2255 Motion)(AKH)
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Filing 2
ORDER DIRECTING TREATMENT OF POST-JUDGMENT MOTION AND DIRECTING OPENING OF A NEW CIVIL ACTION as to CURTIS A. WEATHERS (1) - The defendant's motion for relief shall be treated as a motion seeking relief. The clerk shall therefore open a new civil action (1:22-cv-1599-TWP-TAB) in the Indianapolis Division and re-docket the motion for relief, dkt. 53, as the defendant's motion for relief. 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. Insofar as filed in the above action, the motion, dkt. 53, is DENIED without prejudice except to the extent that a new civil action will be opened. Related Criminal Case 1:17-cr-00041-TWP-TAB. (See Order). Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 8/11/2022.(AKH) (AKH)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by CURTIS A. WEATHERS. (Attachments: #1 Envelope)(AKH) |
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| Petitioner: CURTIS A. WEATHERS | |
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| Respondent: UNITED STATES OF AMERICA | |
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