EBO v. USA
| DONTE EBO |
| USA |
| 2:2019cv00713 |
| June 18, 2019 |
| US District Court for the Western District of Pennsylvania |
| Mark R Hornak |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 2
NOTICE and ORDER as to DONTE EBO. For the reasons as set forth herein, it is hereby ORDERED as follows: 1) Petitioner's request that the Court send him any documentation related to other Motions to Vacate filed on his behalf but by other persons is DENIED as the Court is unaware of any such Motions. 2) Petitioner's request that the Court grant him an extension of the deadline to elect one of the three options laid out in the Court's July 2, 2019, Order is GRANTED. Petitioner shall notify the Court in writing of his election of one of the three options by September 13, 2019. If Petitioner fails to so notify the Court, the Court will proceed to adjudicate the Motion to Vacate in the form in which it was filed on June 18, 2019. This Notice and Order does not enlarge the one-year limitation period set by 28 U.S.C. 2255 or in any other way bear upon the question of whether or not the 2255 motion which you filed with the Court in fact was filed within the limitation period. Miller, 197 F.3d at 653 (citing United States v. Duffus, 174 F.3d 333, 337 (3d Cir. 1999), cert. denied, 528 U.S. 866 (1999)). Signed by Chief Judge Mark R. Hornak on 7/29/19. (bdb)
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| Filing 1 NOTICE as to DONTE EBO. Petitioner, is hereby FURTHER NOTIFIED, and specifically as to this 2255 Motion, that on or before 8/8/19, you are to elect one of the following three options: (1) you may withdraw the pending 2255 Motion and subsequently file a new 2255 motion which contains every ground for relief which you believe may entitle you to relief from the convictions and sentence you are seeking to challenge, provided that this new 2255 motion is filed within the one-year statute of limitations; or (2) you may present by amendment to the 2255 Motion presently on file with the Court any additional claims or materials in support of your pending claims which you want the Court to consider in ruling on your pending Motion, however if the amendment is not filed within 120 days of the date that the Court receives notification of your intention to amend, this will constitute a re-election by you to have the motion adjudicated in the form in which it was originally filed; or (3) you may choose to have the 2255 Motion as filed adjudicated by the Court. You must notify the Court in writing of your election of one of these three options by 8/8/19. (bdb) (Main Document 1 replaced on 7/2/2019) (bdb) |
| MOTION to Vacate, Set Aside or Correct Sentence (2255), (filed at 2:17-cr-155), filed by DONTE EBO. (ept) |
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