Phillips v. USA
Morris Anthoney Phillips |
USA |
2:2023cv00020 |
February 23, 2023 |
US District Court for the Eastern District of Tennessee |
J Ronnie Greer |
Cynthia R Wyrick |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
None |
Docket Report
This docket was last retrieved on April 14, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 6 JUDGMENT ORDER re #5 Memorandum Opinion. For the reasons stated by the Court in the memorandum opinion filed with this Order, it is hereby ORDERED and ADJUDGED that Morris Anthoney Phillips' 28 U.S.C. 2255 Motion for Out of Time Appeal [Doc. 1] is DENIED, and this case is hereby DISMISSED with prejudice. If Ms. Phillips files a notice of appeal from this Order, the Court will treat it as an application for a certificate of appealability, which is DENIED because he has not made a substantial showing of a denial of a federal constitutional right. Signed by District Judge J Ronnie Greer on 4/14/2023. (Copy of Order mailed to Morris Anthoney Phillips). (LCK) |
Filing 5 MEMORANDUM OPINION: As the petitioner under 2255, Mr. Phillips fails to meet his burden of establishing that his conviction and sentence were in violation of the Constitution, or that a fundamental defect resulted in a complete miscarriage of justice or an egregious error. His 28 U.S.C. 2255 Motion for Out of Time Appeal [Doc. 1] is therefore DENIED. Signed by District Judge J Ronnie Greer on 4/14/2023. (Copy mailed to Morris Anthoney Phillips). (LCK) |
Filing 4 RESPONSE to 2255 re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by USA. (Taylor, Donald) |
Filing 3 ORDER re #1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Morris Anthoney Phillips. The United States is ORDERED to respond to Mr. Phillips' motion within thirty days of this Order's date. See Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts. Although a reply to the United States' response is unnecessary, if Mr. Phillips wishes to file a reply, he SHALL do so within thirty days of the date of the filing of the United States' response. Signed by District Judge J Ronnie Greer on 2/27/2023. (Copy of Order mailed to Morris Anthoney Phillips). (LCK) |
Filing 2 Notice Regarding Requirement to Notify Court of Change of Address. (Copy of Notice mailed to Morris Anthoney Phillips). (LCK) |
Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Morris Anthoney Phillips.(LCK) |
Magistrate Judge Cynthia R Wyrick added. (LCK) |
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Petitioner: Morris Anthoney Phillips | |
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Respondent: USA | |
Represented By: | Donald W Taylor |
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