WARNER v. UNITED STATES OF AMERICA
| MARCELLOUS WARNER |
| UNITED STATES OF AMERICA |
| 1:2023cv00736 |
| April 27, 2023 |
| US District Court for the Southern District of Indiana |
| Kellie M Barr |
| 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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| Document Text |
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| Filing 4 Amended MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by MARCELLOUS WARNER. (Attachments: #1 Envelope)(KAA) |
Filing 3
Castro Notice - This Order provides Mr. Warner notice of the treatment of his post-judgment filing and his opportunity to withdraw or amend the motion. He shall have through June 1, 2023, in which 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 filing of April 27, 2023, dkt. #2 , does constitute a complete statement of the claims and grounds on which he could and does challenge his conviction and/or sentence. He is reminded that a 2255 motion, among other things, must be "signed under penalty of perjury by the movant or by a person authorized to sign it for the movant." Rule 2(b)(5) of the Rules Governing Section 2255 Proceedings for the United States District Courts.If he does not take one of these steps by June 1, 2023, 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. Copy sent to Plaintiff via US Mail. Signed by Judge Tanya Walton Pratt on 5/5/23. (Attachments: #1 2255 Form)(JRB)
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| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) (1:20-cr-149-TWP-DLP-01), filed by MARCELLOUS WARNER. (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 Tanya Walton Pratt on 4/27/2023 in Case No. 1:20-cr-149-TWP-DLP. The clerk shall open a new civil action in the Indianapolis Division and re-docket the motion, dkt. 103 , as Mr. Warner's motion for relief pursuant to 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: MARCELLOUS WARNER | |
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| Respondent: UNITED STATES OF AMERICA | |
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