Perkins v. USA
| David Lee Perkins |
| USA |
| 3:2021cv05008 |
| January 20, 2021 |
| US District Court for the Western District of Missouri |
| M Douglas Harpool |
| Prisoner Pro Se |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on March 18, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 CLERK'S JUDGMENT: ORDERED that this cased is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for Movant's failure to comply with the Court's order. Movant is advised that any motion to reopen this case will be denied unless it is filed in a timely manner and accompanied by a reply to the Government's response. Movant also is advised that, although his claims are dismissed without prejudice, they are subject to the period of limitation set out in 2255(f). (Davies, Cindy) |
Filing 9
ORDER: ORDERED that this cased is dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for Movant's failure to comply with the Court's order. Movant is advised that any motion to reopen this case will be denied unless it is filed in a timely manner and accompanied by a reply to the Government's response. Movant also is advised that, although his claims are dismissed without prejudice, they are subject to the period of limitation set out in 2255(f). Signed on March 18, 2021 by District Judge M. Douglas Harpool. (Davies, Cindy)
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Filing 8
ORDER denying without prejudice #7 Movant's motion to appoint counsel. See United States v. Arcoren, 633 F.Supp.2d 752, 756-57 (D.S.D. 2009) (no constitutional or statutory right to counsel in 2255 proceedings; unless an evidentiary hearing is necessary, appointment of counsel is discretionary). Signed on March 9, 2021, by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (McCoy, Mike)
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| Filing 7 MOVANT'S MOTION for appointment of counsel filed by David Lee Perkins. Suggestions in opposition/response due by 3/22/2021. (Davies, Cindy) |
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Filing 6
ORDER that Movant file a reply to the Government's response (Doc. 5) by March 9, 2021. Signed on February 16, 2021, by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (McCoy, Mike)
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| Filing 5 SUGGESTIONS in opposition (SEALED) re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Ami Harshad Patel Miller on behalf of Respondent USA. Reply suggestions due by 2/26/2021 unless otherwise directed by the court. (Related document(s) #1 ) (Miller, Ami) |
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Filing 4
ORDER: ORDERED that Respondent answer Movant's allegations and show cause on or before February 19, 2021, why the relief Movant seeks should not be granted. Signed on 1/20/2021 by District Judge M. Douglas Harpool. (Willis, Kathy)
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| Filing 3 NOTICE of appearance by Ami Harshad Patel Miller on behalf of USA (Attorney Ami Harshad Patel Miller added to party USA(pty:res))(Miller, Ami) |
| Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by David Lee Perkins. (Willis, Kathy) |
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| Respondent: USA | |
| Represented By: | Ami Harshad Patel Miller |
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| Petitioner: David Lee Perkins | |
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