Cathey v. United States of America
| United States of America |
| Maurice Bellafonta Cathey |
| 4:2022cv04119 |
| August 26, 2022 |
| US District Court for the District of South Dakota |
| Veronica L Duffy |
| Karen E Schreier |
| Prisoner Petitions: Habeas Corpus - Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
Docket Report
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This docket was last retrieved on October 7, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 11 CERTIFICATE of Service by United States of America (Kelderman, Eric) |
| Filing 10 ATTORNEY-CLIENT PRIVILEGE WAIVER by Maurice Bellafonta Cathey. (Attachments: #1 Attachment)(SLT) |
Filing 9
ORDER granting #7 Motion for Extension of Time to Answer. Signed by US Magistrate Judge Veronica L. Duffy on 9/2/2022. (Attachments: #1 Waiver Waiver Form) (PM)
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| Filing 8 MEMORANDUM in Support re #7 MOTION for Extension of Time to File Answer re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) and Order for Responsive Affidavit filed by United States of America. (Kelderman, Eric) |
| Filing 7 MOTION for Extension of Time to File Answer re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) and Order for Responsive Affidavit by United States of America. (Kelderman, Eric) |
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Filing 6
ORDER amending #2 Order for service and to show cause. At the time Mr. Cathey's direct appeal was decided, a temporary Supreme Court rule was in effect giving parties 150 days to petition for certiorari rather than the customary 90 days due to the pandemic. See Miscellaneous Supreme Court Order 589 (extending the deadline for petitions for writ of certiorari due on or after March 19, 2020, from 90 to 150 days). That rule was not rescinded until July 19, 2021. Miscellaneous Supreme Court Order 594. Therefore, because Mr. Cathey's direct appeal was decided in May 2021, before the temporary 150-day rule was rescinded, he had 150 days to petition for cert. It follows, then, that his 2255 motion is timely. The government is directed to file a response to Mr. Cathey's petition within 30 days rather than addressing the timeliness issue as previously directed. Signed by US Magistrate Judge Veronica L. Duffy on 8/29/22. (Duffy, Veronica)
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Filing 5
ORDER granting #3 Motion for Admission Pro Hac Vice of Attorney Andrea E. Gambino for Maurice Bellafonta Cathey. Signed by US Magistrate Judge Veronica L. Duffy on 8/29/22. (Duffy, Veronica)
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| Filing 4 NOTICE of Appearance by Eric D. Kelderman on behalf of United States of America. (Kelderman, Eric) |
| Filing 3 MOTION for Attorney Andrea E. Gambino to be Admitted Pro Hac Vice by Maurice Bellafonta Cathey. (Ramstad, Rick) |
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Filing 2
ORDER for Service and to Show Cause. Signed by US Magistrate Judge Veronica L. Duffy on 8/26/2022. (SLT)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence pursuant to 28:2255 Criminal Case No.: 18-40097-01. (SLT) |
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| Petitioner: Maurice Bellafonta Cathey | |
| Represented By: | Rick L. Ramstad |
| Represented By: | Andrea E. Gambino |
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| Defendant: United States of America | |
| Represented By: | Eric D. Kelderman |
| Represented By: | Kevin Koliner |
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