Johnson v. USA
Petitioner: Charles L Johnson
Respondent: USA
Case Number: 4:2023cv00095
Filed: February 7, 2023
Court: US District Court for the Western District of Missouri
Presiding Judge: Roseann Ketchmark
Referring Judge: Prisoner Pro Se
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 3, 2023 Filing 7 CLERK'S JUDGMENT: Respondent's motion to dismiss is GRANTED and this case is DISMISSED as having been untimely filed. The Court 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"). (Willis, Kathy)
April 3, 2023 Opinion or Order Filing 6 ORDERED that Respondent's motion to dismiss (Doc. #4 ) is GRANTED, and this case is DISMISSED as having been untimely filed. Further, the Court 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 of the Court shall enter judgment accordingly.Signed on 4/3/2023 by District Judge Roseann Ketchmark. (Willis, Kathy)
March 6, 2023 Opinion or Order Filing 5 ORDER that Movant file any suggestions in opposition to the Government's motion to dismiss (Doc. 4) by March 20, 2023. Signed on March 6, 2023, by District Judge Roseann Ketchmark. This is a TEXT ONLY ENTRY. No document is attached. (McCoy, Mike)
March 6, 2023 Filing 4 MOTION for order DISMISS WITH PREJUDICE MOVANTS UNTIMELY MOTION UNDER 28 U.S.C. 2255 filed by David Andrew Barnes on behalf of USA. Suggestions in opposition/response due by 3/20/2023 unless otherwise directed by the court. (Barnes, David)
February 15, 2023 Filing 3 NOTICE of appearance by David Andrew Barnes on behalf of USA (Attorney David Andrew Barnes added to party USA(pty:res))(Barnes, David)
February 10, 2023 Opinion or Order Filing 2 ORDERED that Respondent answer Movant's allegations and show cause on or before MARCH 10, 2023, why the relief Movant seeks should not be granted. Signed on 2/10/2023 by District Judge Roseann Ketchmark. (Willis, Kathy)
February 7, 2023 Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by Charles L Johnson.(Willis, Kathy)

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Petitioner: Charles L Johnson
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Respondent: USA
Represented By: David Andrew Barnes
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