OUTLAW v. USA
| DERRICK OUTLAW |
| USA |
| 1:2023cv01658 |
| September 13, 2023 |
| 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 October 27, 2023. A more recent docket listing may be available from PACER.
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Filing 4
FINAL JUDGMENT: The Court enters FINAL JUDGMENT. The motion for relief under 28 U.S.C. 2255 is dismissed without prejudice as premature. See Order. Signed by Judge Jane Magnus-Stinson on 10/27/2023. Copy mailed to Petitioner. (LF)
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Filing 3
Order Dismissing Action and Directing Entry of Final Judgment: For the reasons stated in the Court's Show-Cause Order, dkt. #2 , Petitioner's 2255 motion is denied without prejudice as premature, and this action is dismissed without prejudice. The clerk is directed to docket a copy of this Order in Petitioner's underlying criminal case, United States v. Outlaw, No. 1:21-cr-00140-JMS-TAB-1, and terminate the motion in the record as dkt. 84 in that case. Final judgment will issue by separate entry. See Order. Signed by Judge Jane Magnus-Stinson on 10/27/2023. Copy mailed to Petitioner.(LF)
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Filing 2
ORDER TO PETITIONER TO SHOW CAUSE - Mr. Outlaw filed a notice of appeal of his conviction and sentence. Cr. Dkt. 56 . That appeal is still pending. United States v. Outlaw, No. 22-2710 (7th Cir.). On September 13, 2023, Mr. Outlaw filed a motion to vacate his sentence pursuant to 28 U.S.C. 2255, which prompted the opening of this action.The Court notes that Mr. Outlaw's premature filing will not hinder his ability to file a 2255 motion after his appeal is decided because a 2255 motion that is dismissed without a decision on the merits does not count as an initial motion for the purpose of invoking the second or successive collateral attack rule. Accordingly, on or before October 18, 2023, Mr. Outlaw shall show cause in writing why his 2255 motion should not be denied without prejudice as premature. Failure to timely respond to this Order will result in the dismissal of this action without prejudice as premature without further notice. Signed by Judge Jane Magnus-Stinson on 9/21/2023. Copy Mailed. (CKM)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (1:21-cr-140-JMS-TAB-01), signed by attorney Robert D. King on behalf of Petitioner, DERRICK OUTLAW.(DJH) |
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| Petitioner: DERRICK OUTLAW | |
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| Respondent: USA | |
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