Thomas v. USA
| Tony B Thomas |
| USA |
| 4:2021cv00629 |
| August 30, 2021 |
| US District Court for the Western District of Missouri |
| Stephen R Bough |
| Prisoner Pro Se |
| Prisoner: Vacate Sentence |
| 28 U.S.C. § 2255 |
| None |
Docket Report
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This docket was last retrieved on October 22, 2021. A more recent docket listing may be available from PACER.
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Filing 26
ORDER of US COURT OF APPEALS: If the original file of the United States District Court is available for review in electronic format, the court will rely on the electronic version of the record in its review. The appendices required by Eighth Circuit Rule 30A shall not be required. In accordance with Eighth Circuit Local Rule 30A(a)(2), the Clerk of the United States District Court is requested to forward to this Court forthwith any portions of the original record which are not available in an electronic format through PACER, including any documents maintained in paper format or filed under seal, pre-sentence report (3 copies), exhibits, CDs, videos, administrative records and state court files. These documents should be submitted within 10 days. (CLERK'S NOTE: All documents pertaining to this case are on CM/ECF. Nothing will be sent to the Court of Appeals.) (Davies, Cindy)
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| USCA Case Number from 8th Circuit is 21-3387 for #24 Notice of Appeal filed by Tony B Thomas. (Davies, Cindy) |
| Filing 25 TRANSMISSION of Notice of Appeal Supplement to US Court of Appeals, 8th Circuit via electronic mail. Related document #24 Notice of Appeal. (Davies, Cindy) |
| Filing 24 MOVANT'S NOTICE OF APPEAL filed by Tony B Thomas. (Davies, Cindy) |
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Filing 23
ORDER: upon review of Movant's third memorandum in reply (Doc. #22 ), this case remains closed pursuant to this Court's October 1, 2021, Order denying Movant's Section 2255 motion (Doc. #18 ). Movant's third memorandum does not provide any appropriate reason for this Court to alter or amend its judgment. Signed on 10/7/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
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| Filing 22 MOVANT'S THIRD MEMORANDUM in support of Doc. #16 filed by Tony B Thomas. (Attachment: #1 Exhibit)(Davies, Cindy) |
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Filing 21
ORDER upon review of Movant's second memorandum in reply (Doc. #20 ), this case remains closed pursuant to this Court's October 1, 2021, Order denying Movant's Section 2255 motion (Doc. #18 ). Movant's second memorandum does not provide any appropriate reason for this Court to alter or amend its judgment. Signed on October 4, 2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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| Filing 20 MOVANT'S SECOND MEMORANDUM in support of Doc. #16 filed by Tony B Thomas.(Davies, Cindy) |
| Filing 19 CLERK'S JUDGMENT: ORDERED that Movant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 is denied, a certificate of appealability is denied, and this case is dismissed. (Davies, Cindy) |
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Filing 18
ORDER: ORDERED that Movant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 is denied, a certificate of appealability is denied, and this case is dismissed. Signed on October 1, 2021 by District Judge Stephen R. Bough. (Davies, Cindy)
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| Filing 17 MOVANT'S MEMORANDUM in support of Doc. #16 filed by Tony B Thomas. (Attachment: #1 Exhibits)(Davies, Cindy) |
| Filing 16 MOVANT'S REPLY to Doc. #9 filed by Tony B Thomas. (CLERK'S NOTE: All pages of the reply that have the bottom sentence cut off were cut off on the original. The original appears to be a copy.)(Davies, Cindy) |
| Filing 15 MOVANT'S AMENDED MOTION to vacate, set aside or correct sentence (2255) filed by Tony B Thomas.(Willis, Kathy) |
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Filing 14
ORDER that Movant's unopposed motion to amend his Section 2255 motion (Doc. #11 ) is granted. The Clerk of the Court shall refile Doc. #11 as Movant's amended Section 2255 motion. Because Movant's amended Section 2255 motion raises issues that are substantially similar to some of those he raised in his original Section 2255 motion and to which Respondent already has responded, Respondent's response (Doc. #9 ) will be construed as reasserted against Movant's amended Section 2255 motion. Movant has been directed to file a reply to Respondent's response by September 30, 2021 (See Doc. 10). Signed on 9/28/2021 by District Judge Stephen R. Bough. (Willis, Kathy)
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Filing 13
ORDER: ORDERED that Movant's motion for discovery (Doc. #12 ) is denied. Signed on September 13, 2021 by District Judge Stephen R. Bough. (Davies, Cindy) (Additional attachment(s) added on 10/19/2021: #1 Order) (Willis, Kathy).
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| Filing 12 MOVANT'S MOTION for discovery filed by Tony B. Thomas. Suggestions in opposition/response due by 9/27/2021. (Willis, Kathy) |
| Filing 11 MOVANT'S MOTION for leave to amend 2255 motion filed by Tony B Thomas. Suggestions in opposition/response due by 9/27/2021. (Willis, Kathy) |
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Filing 10
ORDER that Movant shall file a reply, on or before September 30, 2021, to Respondent's suggestions in opposition to Movant's Section 2255 motion (Doc. #9 ) or face dismissal of this case without further notice. Signed on 9/9/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
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| Filing 9 SUGGESTIONS in opposition re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by David Andrew Barnes on behalf of Respondent USA. Reply suggestions due by 9/23/2021 unless otherwise directed by the court. (Related document(s) #1 ) (Barnes, David) |
| Filing 8 NOTICE of appearance by David Andrew Barnes on behalf of USA (Attorney David Andrew Barnes added to party USA(pty:res))(Barnes, David) |
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Filing 7
ORDER that Movant's motion for appointment of counsel (Doc. #5 ) is denied without prejudice, as 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 Baker v. United States, 334 F.2d 444, 447 (8th Cir. 1964); United States v. Vasquez, 7 F.3d 81 (5th Cir. 1993).Signed on 8/31/2021 by District Judge Stephen R. Bough. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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Filing 6
ORDER: ORDERED that Respondent answer Movant's allegations and show cause on or before September 30, 2021, why the relief Movant seeks should not be granted. Signed on August 31, 2021 by District Judge Stephen R. Bough. (Davies, Cindy)
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| Filing 5 MOVANT'S MOTION for appointment of counsel filed by Tony B Thomas. Suggestions in opposition/response due by 9/14/2021. (Davies, Cindy) |
| Filing 4 Inmate ACCOUNT STATEMENT filed by Tony B Thomas. (Davies, Cindy) |
| Filing 3 IFP FINANCIAL AFFIDAVIT filed by Tony B Thomas. (Davies, Cindy) |
| Filing 2 MOVANT'S MEMORANDUM in support of 2255 motion filed by Tony B Thomas.(Davies, Cindy) |
| Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by Tony B Thomas.(Davies, Cindy) |
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| Petitioner: Tony B Thomas | |
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| Respondent: USA | |
| Represented By: | David Andrew Barnes |
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