Michiels v. USA
| Timothy Joseph Michiels |
| USA |
| 3:2023cv05085 |
| September 25, 2023 |
| US District Court for the Western District of Missouri |
| Prisoner Pro Se |
| 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 November 20, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 7
ORDER: Respondent's motion to dismiss (Doc. #4 ) is granted, and this case is dismissed as having been untimely filed. The Court also declines to issue a certificate of appealability. See 28 U.S.C. 2253(c)(2) (certificate of appealability may be issued "only if [Movant] has made a substantial showing of the denial of a constitutional right"). The Clerk ofthe Court shall enter judgment accordingly.So ORDERED. Signed on 11/20/2023 by District Judge Brian C. Wimes. (Willis, Kathy)
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| Filing 6 MOVANT'S RESPONSE to the Government's Motion to Dismiss (Doc. #4 ) filed by Timothy Joseph Michiels. Related document 5 ) (Willis, Kathy) |
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Filing 5
ORDER that Movant file any suggestions in opposition to the Government's motion to dismiss (Doc. 4) by November 6, 2023. Signed on October 23, 2023, by District Judge Brian C. Wimes. This is a TEXT ONLY ENTRY. No document is attached. (McCoy, Mike)
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| Filing 4 MOTION to dismiss case filed by Randall D. Eggert on behalf of USA. Suggestions in opposition/response due by 11/6/2023 unless otherwise directed by the court. (Eggert, Randall) |
| Filing 3 NOTICE of appearance by Randall D. Eggert on behalf of USA (Attorney Randall D. Eggert added to party USA(pty:res))(Eggert, Randall) |
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Filing 2
ORDERED that Respondent answer Movant's allegations and show cause on or before NOVEMBER 6, 2023, why the relief Movant seeks should not be granted. Signed on 10/5/2023 by District Judge Brian C. Wimes. (Willis, Kathy)
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| Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by Timothy Joseph Michiels.(Willis, Kathy) |
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| Petitioner: Timothy Joseph Michiels | |
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| Respondent: USA | |
| Represented By: | Randall D. Eggert |
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