Mitchell v. USA
| Nathaniel K Mitchell |
| USA |
| 5:2021cv06104 |
| September 10, 2021 |
| US District Court for the Western District of Missouri |
| Greg Kays |
| Prisoner Pro Se |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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| Document Text |
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| Filing 14 MOVANT'S REPLY to Respondent's suggestions in opposition to Movant's Section 2255 motion filed by Nathaniel K Mitchell. (Willis, Kathy) |
Filing 13
ORDER that Movant's motion for an extension of time, up to and including November 11, 2021, in which to file a reply to Respondent's response (Doc. #12 ) is denied as moot. This Court already has granted Movant an extension of time, up to and including November 16, 2021, in which to file his reply (Doc. 11). Signed on 11/1/2021 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 12 MOVANT'S MOTION for order filed by Nathaniel K Mitchell. Suggestions in opposition/response due by 11/15/2021. (Davies, Cindy) |
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Filing 11
ORDER that: (1) Movant's motion for an evidentiary hearing (Doc. #8 ) is denied without prejudice at this time. As previously ordered, Movant shall file a reply to Respondent's suggestions in opposition to Movant's Section 2255 motion (Doc. #6 ). After Movant has filed his reply and his Section 2255 motion has been fully briefed, this Court will determine whether an evidentiary hearing is necessary to decide the issues presented; (2) Movant's motion for an extension of time (Doc. #9 ) is granted, in that Movant shall file a reply to Respondent's suggestions in opposition to Movant's Section 2255 motion on or before November 16, 2021, or face dismissal of this case without further notice. No further extensions of time will be granted absent a clear demonstration of extraordinary circumstances; and (3) Movant's motion for free copies (Doc. #10 ) is granted in part and denied without prejudice in part. The Clerk of the Court shall mail to Plaintiff copies of the change-of-plea transcripts (Crim Doc. 83) and the docket sheet of his criminal case. Movant's remaining requests for free copies are denied without prejudice, as Movant fails at this time to establish that each document is needed to support a specific, non-frivolous claim in the present proceedings. See United States v. Slaughter, No. CR0729711DWFJSM, 2011 WL 13141448, at *2 (D. Minn. May 31, 2011) ("Because Defendant has not shown a genuine need for any transcripts or related materials in order to support a specific claim in a pending proceeding, his current motion must be denied"); United States v. Losing, 601 F.2d 351, 353 (8th Cir. 1979) ("it is clear that a majority of the [Supreme] Court [has] concluded that a prisoner has no absolute right to a transcript to assist him in the preparation of a collateral attack on his conviction, and that constitutional requirements are met by providing such materials only after judicial certification that they are required to decide the issues presented by a non-frivolous pending case"). If Movant makes a renewed request for free copies of documents, Movant must establish, for each document requested, a genuine need for the document, including how the document will support a specific, non-frivolous claim in the pending proceeding.(CLERK'S NOTE: Copies of the change-of-plea transcripts (Crim Doc. 83) and the docket sheet for criminal case number 17-6006-02 mailed to Plaintiff with a copy of this Order as directed.) Signed on 10/19/2021 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 10 MOVANT'S MOTION for order for criminal case records and documents filed by Nathaniel K Mitchell. Suggestions in opposition/response due by 11/2/2021. (Willis, Kathy) |
| Filing 9 MOVANT'S MOTION for order to extend filing deadlines filed by Nathaniel K Mitchell. Suggestions in opposition/response due by 11/2/2021. (Willis, Kathy) |
| Filing 8 MOVANT'S MOTION for order to allow evidentiary hearing filed by Nathaniel K Mitchell. Suggestions in opposition/response due by 11/2/2021. (Willis, Kathy) |
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Filing 7
ORDER that Movant shall file a reply, on or before October 26, 2021, to Respondent's suggestions in opposition to Movant's Section 2255 motion (Doc. #6 ) or face dismissal of this case without further notice. Signed on 10/5/2021 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 6 SUGGESTIONS in opposition re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Jeffrey Quinn McCarther on behalf of Respondent USA. Reply suggestions due by 10/19/2021 unless otherwise directed by the court. (Related document(s) #1 ) (McCarther, Jeffrey) |
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Filing 5
ORDER that Movant's motion to disqualify judge (Doc. #2 ) is denied. Movant has failed to allege facts demonstrating an extrajudicial source of bias or prejudice as required under 28 U.S.C. 144 or 28 U.S.C. 455. Insofar as Movant claims that this Court's rulings in his criminal case establish bias, "[a]n unfavorable judicial ruling... does not raise an inference of bias or require the trial judge's recusal. Moran v. Clarke, 296 F.3d 638 (8th Cir. 2002) (internal quotation omitted). Furthermore, pursuant to Local Rule 9.2(g), Section 2255 motions "shall, if possible, be assigned to the sentencing judge." Signed on September 13, 2021 by District Judge Greg Kays. This is a TEXT ONLY ENTRY. No document is attached. (Davies, Cindy)
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| Filing 4 NOTICE of appearance by Jeffrey Quinn McCarther on behalf of USA (Attorney Jeffrey Quinn McCarther added to party USA(pty:res))(McCarther, Jeffrey) |
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Filing 3
ORDER: ORDERED that Respondent answer Movant's allegations and show cause on or before October 12, 2021, why the relief Movant seeks should not be granted. Signed on September 10, 2021 by District Judge Greg Kays. (Davies, Cindy)
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| Filing 2 MOVANT'S MOTION to disqualify judge filed by Nathaniel K Mitchell. Suggestions in opposition/response due by 9/24/2021. (Attachment: #1 Affidavit)(Davies, Cindy) |
| Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by Nathaniel K Mitchell. (Attachments: #1 Brief and supporting documents, #2 Exhibits)(Davies, Cindy) |
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| Petitioner: Nathaniel K Mitchell | |
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| Respondent: USA | |
| Represented By: | Jeffrey Quinn McCarther |
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