Merriweather v. USA
| William C. Merriweather |
| USA |
| 6:2023cv03255 |
| August 14, 2023 |
| US District Court for the Western District of Missouri |
| M Douglas Harpool |
| Prisoner Pro Se |
| 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 October 10, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 CLERK'S JUDGMENT: Movant's 2255 motion is DISMISSED as untimely, a certificate of appealability is DENIED, and this case is DISMISSED. (Willis, Kathy) |
Filing 10
ORDER: Movant's motion for appointment of counsel and for an evidentiary hearing (Doc. #9 ) is DENIED, Respondent's motion to dismiss Movant's 2255 motion as untimely (Doc. #6 ) is GRANTED, Movant's 2255 motion is DISMISSED as untimely, a certificate of appealability is DENIED, and this case is DISMISSED. It is so ORDERED.Signed on 10/10/2023 by District Judge M. Douglas Harpool. (Willis, Kathy)
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| Filing 9 MOVANT'S MOTION for appointment of counsel and evidentiary hearing request filed by William C. Merriweather. Suggestions in opposition/response due by 10/13/2023. (Willis, Kathy) |
| Filing 8 MOVANT'S RESPONSE to Respondent's motion to dismiss this case as untimely (Doc. #6 ) filed by William C. Merriweather. Reply suggestions due by 10/13/2023. (Willis, Kathy) |
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Filing 7
ORDER that Movant shall file a response to Respondent's motion to dismiss this case as untimely (Doc. #6 ) on or before October 5, 2023. Movant's failure to file a timely response will result in dismissal of this case without further notice. Signed on 9/14/2023 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Doty, Greg)
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| Filing 6 MOTION for order re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) to Dismiss Movant's Untimely Motion filed by John D Hatcher on behalf of USA. Suggestions in opposition/response due by 9/28/2023 unless otherwise directed by the court. (Related document(s) #1 ) (Hatcher, John) |
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Filing 5
ORDER that Movant's motion for appointment of counsel (Doc. #2 ) 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 8/18/2023 by District Judge M. Douglas Harpool. This is a TEXT ONLY ENTRY. No document is attached. (Willis, Kathy)
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| Filing 4 NOTICE of appearance by John D Hatcher on behalf of USA (Attorney John D Hatcher added to party USA(pty:res))(Hatcher, John) |
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Filing 3
ORDERED that Respondent answer Movant's allegations and show cause on or before September 18, 2023, why the relief Movant seeks should not be granted. Signed on 8/17/2023 by District Judge M. Douglas Harpool. (Willis, Kathy)
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| Filing 2 MOTION for appointment of counsel filed by William C. Merriweather. (Attachment: #1 IFP Affidavit)(Willis, Kathy) |
| Filing 1 MOTION to vacate, set aside or correct sentence (2255) filed by William C. Merriweather. (Attachment: #1 2255 Exhibits)(Willis, Kathy) |
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| Petitioner: William C. Merriweather | |
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| Respondent: USA | |
| Represented By: | John D Hatcher |
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