Harris v. USA
| Anthony Martinez Harris |
| USA |
| 2:2023cv04059 |
| March 20, 2023 |
| US District Court for the Western District of Missouri |
| Brian C Wimes |
| 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 May 15, 2023. A more recent docket listing may be available from PACER.
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Filing 10
ORDER that Movant's motion for appointment of counsel (Doc. #7 ) is DENIED without prejudice, because it does not yet appear that an evidentiary hearing is required in this matter or that appointment of counsel is required for the fair presentation of Movant's claims. See Hoggard v. Purkett, 29 F.3d 469, 471 (8th Cir. 1994) (Where an evidentiary hearing is not required, the district court retains discretion to determine whether counsel should be appointed.). (Willis, Kathy)
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Filing 9
ORDER that Movant's motion to reopen this case (Doc. #8 ) is GRANTED. It is further ORDERED that Respondent answer Movant's allegations and SHOW CAUSE on or before June 15, 2023, why the relief Movant seeks should not be granted. Signed on 5/15/2023 by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 8 MOTION to reopen case filed by Anthony Martinez Harris. Suggestions in opposition/response due by 5/11/2023. (Willis, Kathy) |
| Filing 7 MOTION for appointment of counsel filed by Anthony Martinez Harris. (Willis, Kathy) |
| Filing 6 MOVANT'S MOTION to vacate, set aside or correct sentence (2255) filed by Anthony Martinez Harris as directed by Order dated 3/22/2023 (Doc. #2 ).(Willis, Kathy) |
| Filing 5 CLERK'S JUDGMENT: This case is dismissed without prejudice, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and for failure to comply with this Court's order. Any motion to reopen this case must be filed within a reasonable period of time and must comply with the Court's previous Order. (Willis, Kathy) |
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Filing 4
ORDER that due to Movant's failure to correct the technical defects in his motion as directed in this Court's March 22, 2023, Order (Doc. #2 ), this case is dismissed without prejudice, pursuant to Fed. R. Civ. P. 41(b) for failure to prosecute and for failure to comply with this Court's order. Any motion to reopen this case must be filed within a reasonable period of time and must comply with the Court's previous Order. Signed on 4/12/2023 by District Judge Brian C. Wimes.
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| Filing 3 NOTICE of appearance by Jim Y. Lynn, Jr on behalf of USA (Attorney Jim Y. Lynn, Jr added to party USA(pty:res))(Lynn, Jim) |
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Filing 2
ORDERED that: (1) Movant is directed to correct the technical defects in this motion on or before April 5, 2023. Movant is also directed to ensure that the handwriting or text is legible and dark enough to be read and scanned; (2) the Clerk of the Court is directed to mail Movant a copy of this Order along with court-approved forms; and (3) FAILURE OF MOVANT TO COMPLY WITH THIS COURT'S ORDER WILL RESULT IN DISMISSAL OF THIS ACTION WITHOUT FURTHER WARNING TO MOVANT. Signed on 3/22/2023 by District Judge Brian C. Wimes. (CLERK'S NOTE: A copy of this Order and court-approved forms mailed to Movant as directed.)(Willis, Kathy)
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| Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by Anthony Martinez Harris.(Willis, Kathy) |
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| Petitioner: Anthony Martinez Harris | |
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| Respondent: USA | |
| Represented By: | Jim Y. Lynn, Jr |
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