Kraut v. USA
Chasmond James Kraut |
USA |
3:2024cv01804 |
July 15, 2024 |
US District Court for the Northern District of Texas |
Ed Kinkeade |
Prisoner Pet: Motions to Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
None |
Docket Report
This docket was last retrieved on August 15, 2024. A more recent docket listing may be available from PACER.
Document Text |
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Filing 9 RESPONSE filed by Chasmond James Kraut re: #8 ORDER REQUIRING PETITIONER TO RESPOND REGARDING THE STATUTE OF LIMITATIONS. (kcr) |
Filing 8 ORDER REQUIRING PETITIONER TO RESPOND REGARDING THE STATUTE OF LIMITATIONS - Movant is ORDERED to file a response no later than September 4, 2024, explaining why the 2255 motion is not barred by the one-year statute of limitations or why the statute of limitations should be tolled on equitable grounds. Failure to comply with this order may result in the dismissal of the 2255 motion for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). (Ordered by Judge Ed Kinkeade on 7/30/2024) (chmb) |
Filing 7 ORDER - Movant has filed a motion to appoint counsel to assist him with his motion under 28 U.S.C. 2255. A movant is not entitled to counsel in a collateral proceeding under 28 U.S.C. 2255. See Pennsylvania v. Finley, 481 U.S. 551, 555 (1987). In the event an evidentiary hearing will be necessary to resolve the claims raised in the 2255 motion, the court will appoint counsel. See Rule 8 of the Rules Governing Section 2255 Proceedings and 18 U.S.C. 3006A(a). Therefore, the motion is DENIED as premature. (Ordered by Judge Ed Kinkeade on 7/30/2024) (chmb) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Tue Jul 30 14:26:59 CDT 2024 (crt) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:7. Tue Jul 30 14:27:20 CDT 2024 (crt) |
Filing 6 (AMENDED) MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 3:18-cr-462-K-1) 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. (cfk) |
Filing 5 Request for Counsel filed by Chasmond James Kraut. (cfk) |
Filing 4 NOTICE OF DEFICIENCY AND ORDER: Chasmond James Kraut must address the following deficiency: Movant must file either (1) an amended 2255 motion raising all of his grounds with respect to his conviction and sentence in criminal case number No. 3:18-cr-00462-K-1 or (2) a notice that he intends to dismiss this case. The clerk of the court is directed to transmit to Movant, with service of this order, a copy of the AO 243 standard form motion to vacate sentence under 28 U.S.C. 2255. Failure to comply with this order may lead to dismissal for failure to prosecute pursuant to FRCvP 41(b). Deadline to cure the deficiency is 8/20/2024. (Ordered by Judge Ed Kinkeade on 7/16/2024) (Attachments: #1 2255 Standard Form) (kcr) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:4. Tue Jul 16 14:10:19 CDT 2024 (crt) |
Filing 3 Notice and Instruction to Pro Se Party. (kcr) |
Filing 1 ORDER: Defendant's pro se 55 motion is RECHARACTERIZED as an initial motion to vacate, set aside, or correct sentence under 28 U.S.C. 2255. The Clerk of the Court is directed to open (1) a new motion to vacate sentence under 28 U.S.C. 2255 (NOS code 510), (2) directly assign the new case to the same District Judge and Magistrate Judge as in this criminal case, and (3) docket a copy of this order and the July 8, 2024 motion to appoint counsel in the new case. (Originally filed in 3:18-CR-462-K as document 58) (Ordered by Judge Ed Kinkeade on 7/15/2024) (kcr) |
New Case Notes: A filing fee is not due for this case. Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) (kcr) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:1. Mon Jul 15 14:22:52 CDT 2024 (crt) |
***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Mon Jul 15 16:26:02 CDT 2024 (crt) |
Filing 2 MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 3:18-cr-00462) 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. (Originally filed in 3:18-CR-462-K as document 55) (kcr) |
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Petitioner: Chasmond James Kraut | |
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Respondent: USA | |
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