NEVILLE v. USA
| EZELL NEVILLE |
| USA |
| 1:2022cv02326 |
| December 2, 2022 |
| US District Court for the Southern District of Indiana |
| Tim A Baker |
| Jane Magnus-Stinson |
| 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 January 13, 2023. A more recent docket listing may be available from PACER.
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| Filing 11 MOTION to Unseal Document number 682 in the Petitioner's related criminal case, cause number 1:17-cr-00222-JMS-TAB-15, filed by Respondent USA. (Attachments: #1 Text of Proposed Order)(Blackington, Bradley) |
Filing 10
Order Granting Motion for Extension of Time and Directing Further Action - The United States has filed a combination motion in which it asks the Court to extend the deadline for it to respond to Petitioner's motion under 28 U.S.C. 2255 and unseal a document in Petitioner's underlying criminal case. Dkt. #7 . It was improper to combine these two motions into one motion, so the Court considers only the motion for extension of time. That motion, dkt. #7 , is granted. The deadline for the United States to respond to Petitioner's 2255 motion is extended up to and including March 20, 2023. The request to unseal a document is denied without prejudice. The United States may refile its motion to unseal separately. (See Order.) Signed by Judge Jane Magnus-Stinson on 1/13/2023. Copy to Petitioner via US mail. (JSR)
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Filing 9
Order Granting Motion for Leave to File Supporting Brief - Petitioner's motion asking the Court to allow him to file a brief in support of his motion under 28 U.S.C. 2255, dkt. #2 , is granted. Any supporting brief must be filed on or before February 13, 2023. Signed by Judge Jane Magnus-Stinson on 1/13/2023. Copy to Petitioner via US mail. (JSR)
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Filing 8
Order Denying Motion for Leave to Proceed In Forma Pauperis as Moot - Petitioner's motion for leave to proceed in forma pauperis, dkt. #3 , is denied as moot. There is no filing fee for a motion under 28 U.S.C. 2255. Signed by Judge Jane Magnus-Stinson on 1/13/2023. Copy to Petitioner via US mail. (JSR)
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| Filing 7 MOTION for Extension of Time to March 20, 2023 to respond to the Petitioner's motion pursuant to 28 U.S.C. 2255, MOTION to Unseal Document 682 in the Petitioner's related criminal case, cause number 1:17-cr-00222-JMS-TAB-15, filed by Respondent USA. (Attachments: #1 Text of Proposed Order)(Blackington, Bradley) |
| Filing 6 NOTICE of Appearance by Bradley A. Blackington on behalf of Respondent USA. (Blackington, Bradley) |
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Filing 5
ORDER TO SHOW CAUSE - The clerk shall forward a copy of this Entry to the United States Attorney for this District. The United States is notified of the filing of the petitioner's motion for relief and memorandum in support pursuant to 28 U.S.C. 2255. The United States shall have until January 17, 2023, 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. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/6/2022. Copy to Petitioner via US mail. (JSR)
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| Filing 4 MOTION to Appoint Counsel, filed by Petitioner EZELL NEVILLE. (Attachments: #1 Envelope)(DRB) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis, filed by Petitioner EZELL NEVILLE. (Attachments: #1 Envelope)(DRB) |
| Filing 2 MOTION to File Brief In Support At A Later Date, filed by Petitioner EZELL NEVILLE. (Attachments: #1 Envelope)(DRB) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by EZELL NEVILLE. (Attachments: #1 Cover Letter, #2 Envelope)(DRB) |
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| Petitioner: EZELL NEVILLE | |
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| Respondent: USA | |
| Represented By: | Bradley A. Blackington |
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