MACHADO-CANTILLO v. USA

MACHADO-CANTILLO v. USA

Petitioner:	ORLIS MACHADO-CANTILLO
Respondent:	USA
Case Number:	4:2017cv00033
Filed:	February 16, 2017
Court:	US District Court for the Southern District of Indiana
Office:	New Albany Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	Tanya Walton Pratt
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
October 23, 2018	Filing 33 ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255) - Machado is not entitled to relief on his § 2255 motion. There was no ineffective assistance of counsel. Accordingly, his motion for relief pursuant to § 2255 is DENIED, and t his action is dismissed with prejudice. Judgment consistent with this Entry shall now issue, and the Clerk shall docket a copy of this Entry in No. 4:14-cr-00031-TWP-VTW-6. The motion to vacate (Crim. Dkt. 606) shall also be terminated in the underlying criminal action. The Court therefore DENIES a certificate of appealability. Signed by Judge Tanya Walton Pratt on 10/23/2018. (MAT)
February 21, 2017	Filing 3 ENTRY Providing Castro Notice and Directing Further Proceedings - Mr. Machado-Cantillo is entitled to notice of the fact that this case has been opened as a section 2255 action, and notice that any subsequent motion pursuant to § 2255 would be s ubject to restrictions. The petitioner shall have through March 27, 2017, in which to either 1) file a statement asserting that his letter contains all of his claims of ineffective assistance of counsel and that the Court should proceed with the cas e as presented; or 2) file an amended motion to vacate under section 2255, with a complete statement of the claims and grounds on which he could and does challenge his conviction and/or sentence; or 3) withdraw his motion insofar as it could be thoug ht to seek relief authorized by 28 U.S.C. § 2255. The clerk shall include with the petitioner's copy of this Entry a copy of a Pro Se 2255 Motion AO-243 Form and a copy of his letter in Spanish (docket 602) and English (docket 606). Mr. Mac hado-Cantillo shall place the cause number for this case, 4:17-cv-00033-TWP-TAB, and the word "AMENDED" on the front page of his amended section 2255 motion, if he chooses to file it. The clerk shall also update the docket by adding the petitioner's identification number, 15-43924, and facility name to his address on the docket. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/21/2017 (copy mailed to petitioner).(LBT)

Date Filed

Document Text

October 23, 2018

Filing 33 ORDER on Motion to Vacate, Set Aside or Correct Sentence (2255) - Machado is not entitled to relief on his § 2255 motion. There was no ineffective assistance of counsel. Accordingly, his motion for relief pursuant to § 2255 is DENIED, and t his action is dismissed with prejudice. Judgment consistent with this Entry shall now issue, and the Clerk shall docket a copy of this Entry in No. 4:14-cr-00031-TWP-VTW-6. The motion to vacate (Crim. Dkt. 606) shall also be terminated in the underlying criminal action. The Court therefore DENIES a certificate of appealability. Signed by Judge Tanya Walton Pratt on 10/23/2018. (MAT)

February 21, 2017

Filing 3 ENTRY Providing Castro Notice and Directing Further Proceedings - Mr. Machado-Cantillo is entitled to notice of the fact that this case has been opened as a section 2255 action, and notice that any subsequent motion pursuant to § 2255 would be s ubject to restrictions. The petitioner shall have through March 27, 2017, in which to either 1) file a statement asserting that his letter contains all of his claims of ineffective assistance of counsel and that the Court should proceed with the cas e as presented; or 2) file an amended motion to vacate under section 2255, with a complete statement of the claims and grounds on which he could and does challenge his conviction and/or sentence; or 3) withdraw his motion insofar as it could be thoug ht to seek relief authorized by 28 U.S.C. § 2255. The clerk shall include with the petitioner's copy of this Entry a copy of a Pro Se 2255 Motion AO-243 Form and a copy of his letter in Spanish (docket 602) and English (docket 606). Mr. Mac hado-Cantillo shall place the cause number for this case, 4:17-cv-00033-TWP-TAB, and the word "AMENDED" on the front page of his amended section 2255 motion, if he chooses to file it. The clerk shall also update the docket by adding the petitioner's identification number, 15-43924, and facility name to his address on the docket. See Entry for details. Signed by Judge Tanya Walton Pratt on 2/21/2017 (copy mailed to petitioner).(LBT)

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Petitioner: ORLIS MACHADO-CANTILLO
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