Atkins v. USA
| John Louis Atkins |
| USA |
| 1:2023cv00186 |
| September 18, 2023 |
| US District Court for the Northern District of Texas |
| Abilene Office |
| Reed C O'Connor |
| Prisoner Pet: 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 31, 2023. A more recent docket listing may be available from PACER.
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Filing 9
ORDER GRANTING MOTIONS TO PROCEED ON APPEAL IN FORMA PAUPERIS. It is ORDERED that the motions for leave to proceed on appeal in forma pauperis (ECF No. #7 ) are GRANTED. **Clerk's Note: TDCJ Inmate Trust Office has been electronically notified of this order. Order forwarded to USCA for case no. 23-11003. (Ordered by Judge Reed C. O'Connor on 10/31/2023) (amg)
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 9. mailed to John Louis Atkins at TDCJ Coffield Unit on Tue Oct 31 10:13:57 CDT 2023 (crt)
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Filing 8
Received letter from USCA, 5th Circuit. Enclosed please find pro se's motion for leave to proceed in forma pauperis which was sent to this court. Please notify us when you have acted on the motion. (Attachments: #1 Application IFP) (amg)
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Filing 7
MOTION for Leave to Proceed in forma pauperis on appeal with certificate of trust account re #5 Notice of Appeal, #6 Notice of Appeal, filed by John Louis Atkins. (amg)
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Filing 6
Amended NOTICE OF APPEAL as to #4 Judgment, to the Fifth Circuit by John Louis Atkins. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. (amg)
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USCA Case Number 23-11003 in USCA 5th Circuit for #5 Notice of Appeal, #6 Amended Notice of Appeal, filed by John Louis Atkins. (amg)
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Filing 5
NOTICE OF APPEAL as to #4 Judgment, to the Fifth Circuit by John Louis Atkins. T.O. form to appellant electronically at #Transcript Order Form or US Mail as appropriate. Copy of NOA to be sent US Mail to parties not electronically noticed. IMPORTANT ACTION REQUIRED: Provide an electronic copy of any exhibit you offered during a hearing or trial that was admitted into evidence to the clerk of the district court within 14 days of the date of this notice. Copies must be transmitted as PDF attachments through ECF by all ECF Users or delivered to the clerk on a CD by all non-ECF Users. See detailed instructions #here. (Exception: This requirement does not apply to a pro se prisoner litigant.) Please note that if original exhibits are in your possession, you must maintain them through final disposition of the case. **Clerk's Note: Transcript Order Form (DKT-13) mailed to Petitioner. (amg)
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***Clerk's Notice of delivery: (see NEF for details) Docket No:. Transcript Order Form (DKT-13) mailed to John Louis Atkins at TDCJ Coffield Unit on Thu Sep 28 13:33:49 CDT 2023 (crt)
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***Clerk's Notice of delivery: (see NEF for details) Docket No: 3, 4. mailed to John Louis Atkins at TDCJ Coffield Unit on Tue Sep 19 09:15:29 CDT 2023 (crt)
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Filing 4
FINAL JUDGMENT CLOSING CIVIL CASES. In accordance with the order issued this same day in these cases and Federal Rule of Civil Procedure 58, it is ORDERED, ADJUDGED, and DECREED that John Louis Atkins's July 10, 2023 motion seeking relief under Federal Rule of Civil Procedure 60(b)(6) and July 17, 2023 supplemental Rule 60(b)(6) motion, construed as successive motions for relief under 2255, are DISMISSED for lack of jurisdiction. (Ordered by Judge Reed C. O'Connor on 9/18/2023) (amg)
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Filing 3
OPINION and ORDER DISMISSING RULE 60(B)(6) MOTIONS AS SUCCESSIVE MOTIONS UNDER 28 U.S.C. 2255. It is ORDERED that Atkins's July 10, 2023 motion seeking relief under Federal Rule of Civil Procedure 60(b)(6), and July 17, 2023 supplemental Rule 60(b)(6) motion (No. 1:15-cr-052-O, CR ECF No. 65 and 66 and No. 1:15-cr-053-O, CR ECF Nos. 61 and 62) are construed as successive motions for relief under 28 U.S.C. 2255.The Clerk of Court is directed to so docket the motions and assign civil case numbers required for docketing purposes. It is further ORDERED that Atkins's July 10, 2023 motion seeking relief under Federal Rule of Civil Procedure 60(b)(6) and July 17, 2023 supplemental Rule 60(b)(6) motion, construed as successive motions for relief under 2255, are DISMISSED for lack of jurisdiction. (Ordered by Judge Reed C. O'Connor on 9/18/2023) (amg)
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Filing 2
MOTION to Supplement re #1 Motion to Vacate under 28 U.S.C. 2255, filed by John Louis Atkins. (amg)
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Filing 1
MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 1:15-cr-052-O) Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (amg)
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New Case Notes: A filing fee is not due for this case. (For court use only - links to the #national index and to the prior sanctions found within the #circuit index.) (amg)
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| Petitioner: John Louis Atkins | |
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| Respondent: USA | |
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