Equere v. United States of America

Equere v. United States of America

Petitioner:	Ifiok Equere
Respondent:	United States of America
Case Number:	4:2007cv01571
Filed:	September 4, 2007
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - City
Presiding Judge:	Charles A. Shaw
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
February 24, 2009	Filing 26 MEMORANDUM AND ORDER -......IT IS HEREBY ORDERED that movant Ifiok Equere's Motion Under 28 USC 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody is DENIED with respect to movant's claims in Ground Five that couns el failed to file a notice of appeal. An appropriate final judgment will accompany this memorandum and order. re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Ifiok Equere. Signed by Honorable Charles A. Shaw on 2/24/2009. (MRC)
November 10, 2008	Filing 10 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movant Ifiok Equere's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody is DENIED in part and held in abeyance in part; said Motion is DENIED with respect to the claims asserted in Grounds One, Two, Three and Four, and held in abeyance pending an evidentiary hearing with respect to movant's assertion in Ground Five that counsel failed to file a notice of appeal. [Doc. 1] IT IS FURTHE R ORDERED that the Court will hold an evidentiary hearing to determine the facts relating to the alleged failure of movant's counsel to file a notice of appeal. IT IS FURTHER ORDERED that Mr. Stephen R. Welby, 1221 Locust, Suite 407, St. Louis, Missouri 63103, telephone number (314) 436-1888, is appointed to represent Ifiok Equere at the evidentiary hearing concerning the alleged failure of movants prior counsel to file a notice of appeal. The Clerk of the Court shall provide movant's appointed counsel with a complete copy of the Court file. IT IS FURTHER ORDERED that the presence and participation of Ifiok Equere, Inmate #63650-80, is required for the evidentiary hearing, which will be held before this Court on Thursday, December 11, 2008, at 11:00 a.m. in Courtroom No. 12-N. IT IS FURTHER ORDERED that the United States Marshal Service shall transport Movant from USP Marion in Marion, Illinois, to this Court, to attend this hearing. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability as to any of the dismissed claims raised in movant's § 2255 motion. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Miller-El v. Cockrell, 537 U.S. 322, 342 (2003). Re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Ifiok Equere motion is DENIED in part and held in abeyance in part( Evidentiary Hearing set for 12/11/2008 11:00 AM in Courtroom 12N before Honorable Charles A. Shaw.), Attorney Stephen R. Welby for Ifiok Equere added. Signed by Honorable Charles A. Shaw on 11/10/2008. (NCL) Modified on 11/12/2008 (NCL).

Date Filed

Document Text

February 24, 2009

Filing 26 MEMORANDUM AND ORDER -......IT IS HEREBY ORDERED that movant Ifiok Equere's Motion Under 28 USC 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody is DENIED with respect to movant's claims in Ground Five that couns el failed to file a notice of appeal. An appropriate final judgment will accompany this memorandum and order. re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Ifiok Equere. Signed by Honorable Charles A. Shaw on 2/24/2009. (MRC)

November 10, 2008

Filing 10 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movant Ifiok Equere's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody is DENIED in part and held in abeyance in part; said Motion is DENIED with respect to the claims asserted in Grounds One, Two, Three and Four, and held in abeyance pending an evidentiary hearing with respect to movant's assertion in Ground Five that counsel failed to file a notice of appeal. [Doc. 1] IT IS FURTHE R ORDERED that the Court will hold an evidentiary hearing to determine the facts relating to the alleged failure of movant's counsel to file a notice of appeal. IT IS FURTHER ORDERED that Mr. Stephen R. Welby, 1221 Locust, Suite 407, St. Louis, Missouri 63103, telephone number (314) 436-1888, is appointed to represent Ifiok Equere at the evidentiary hearing concerning the alleged failure of movants prior counsel to file a notice of appeal. The Clerk of the Court shall provide movant's appointed counsel with a complete copy of the Court file. IT IS FURTHER ORDERED that the presence and participation of Ifiok Equere, Inmate #63650-80, is required for the evidentiary hearing, which will be held before this Court on Thursday, December 11, 2008, at 11:00 a.m. in Courtroom No. 12-N. IT IS FURTHER ORDERED that the United States Marshal Service shall transport Movant from USP Marion in Marion, Illinois, to this Court, to attend this hearing. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability as to any of the dismissed claims raised in movant's § 2255 motion. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000); Miller-El v. Cockrell, 537 U.S. 322, 342 (2003). Re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Ifiok Equere motion is DENIED in part and held in abeyance in part( Evidentiary Hearing set for 12/11/2008 11:00 AM in Courtroom 12N before Honorable Charles A. Shaw.), Attorney Stephen R. Welby for Ifiok Equere added. Signed by Honorable Charles A. Shaw on 11/10/2008. (NCL) Modified on 11/12/2008 (NCL).

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Petitioner: Ifiok Equere
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Respondent: United States of America
Represented By:	Steven E. Holtshouser
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