Gardner v. USA
Petitioner: Rodney Gardner
Respondent: USA
Case Number: 4:2022cv00376
Filed: May 2, 2022
Court: U.S. District Court for the Northern District of Texas
Presiding Judge: Mark Pittman
Nature of Suit: Prisoner Pet: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 12, 2022 Opinion or Order Filing 15 ORDER GRANTING EXTENSION OF TIME... It is therefore ORDERED that the time for the government to file a responseto the 2255 motion to vacate consistent with the terms of the June 13, 2022 Orderand Instructions to Parties in a Motion Under 28 U.S.C. 2255, to include responsesto the motions/documents recently filed by Gardner, is extended until September 9,2022. Defendant may file any reply within 30 days following service of the response.The Court does not anticipate granting any further extensions. (Ordered by Judge Mark Pittman on 7/12/2022) (wxc)
July 12, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:15. Tue Jul 12 11:07:31 CDT 2022 (crt)
July 11, 2022 Filing 14 MOTION Seeking Leave to File Supplement to 2255 Motion with Exhibits Attached filed by Rodney Gardner. (bdb)
July 11, 2022 Filing 13 MOTION Seeking Leave to File Supplement to 2255 Motion filed by Rodney Gardner. (bdb)
June 28, 2022 Opinion or Order Filing 12 ORDER STRIKING/UNFILING DOCUMENTS: It is therefore ORDERED that defendant Rodney Gardner's documents filed on June 24 and June 27 (ECF Nos. #9 and #10 ) are stricken from the record of this case, and the Clerk is directed to note on the docket that the document have been unfiled. (Ordered by Judge Mark Pittman on 6/28/2022) (mmw)
June 28, 2022 Filing 11 Notice of Substitution of Counsel by AUSA. Elise B Aldendifer added as AUSA. (Aldendifer, Elise)
June 28, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:12. Tue Jun 28 13:58:56 CDT 2022 (crt)
June 27, 2022 Filing 10 ***STRICKEN and UNFILED per #12 ORDER*** AFFIDAVIT by Rodney Gardner (Petitioner). (sre) Modified on 6/28/2022 (mmw).
June 24, 2022 Filing 9 ***STRICKEN and UNFILED per #12 ORDER*** AFFIDAVIT of Rodney Gardner. (mmw) Modified on 6/28/2022 (mmw).
June 13, 2022 Opinion or Order Filing 8 Order to Show Cause, Notice, and Instructions to Parties. The clerk has served this order and will regenerate notice of the motion and supporting documents to the designated Assistant US Attorney. Deadline to reply to the answer is 30 days. (Ordered by Judge Mark Pittman on 6/13/2022) (mmw)
June 13, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:8. Mon Jun 13 15:48:11 CDT 2022 (crt)
June 10, 2022 Filing 7 Amended Memorandum in Support filed by Rodney Gardner re #1 Motion to Vacate under 28 U.S.C. 2255. (bdb)
May 25, 2022 Opinion or Order Filing 6 ORDER STRIKING/UNFILING AMENDED BRIEF #5 Amended Brief in Support of Motion filed by Rodney Gardner due to the following deficiency: Because Gardner's brief in support is far in excess of the 25-page limit, it is in violation of local rule 7.2(c). Deadline to cure the deficiency is 6/24/2022. (Ordered by Judge Mark Pittman on 5/25/2022) (bdb)
May 25, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:6. Wed May 25 11:23:33 CDT 2022 (crt)
May 24, 2022 Filing 5 ***STRICKEN AND UNFILED PER #6 ORDER*** AMENDED Memorandum in Support filed by Rodney Gardner re #1 Motion to Vacate under 28 U.S.C. 2255. (npk) Modified on 5/27/2022 (bdb).
May 3, 2022 Opinion or Order Filing 4 ORDER STRIKING/UNFILING BRIEF #2 Brief/Memorandum in Support of Motion filed by Rodney Gardner due to the following deficiency: The brief in support of the motion for relief from judgment under 28 U.S.C. 2255 exceeds the 25-page length limitation. If defendant Gardner wishes to re-submit a brief in support in compliance with the local rules, he shall cure the aforementioned deficiency by completing and filing an amended brief in support of the motion under 28 U.S.C. 2255 in compliance with local civil rule 7.2(c), i.e., an amended brief that does not exceed 25 pages in length, within thirty (30) days from the date of this Order. (Ordered by Judge Mark Pittman on 5/3/2022) (npk)
May 3, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:4. mailed w/unfiled document Tue May 3 14:33:41 CDT 2022 (crt)
May 2, 2022 Filing 3 Notice and Instruction to Pro Se Party (mmw)
May 2, 2022 Filing 2 ***UNFILED PER ORDER #4 *** Brief/Memorandum in Support filed by Rodney Gardner re #1 Motion to Vacate under 28 U.S.C. 2255 (mmw) Modified on 5/24/2022 (npk).
May 2, 2022 Filing 1 MOTION to Vacate under 28 U.S.C. 2255 (Criminal Case Number 4:19-cr-302-P-10) 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. (mmw)
May 2, 2022 ***Clerk's Notice of delivery: (see NEF for details) Docket No:3. Mon May 2 15:04:17 CDT 2022 (crt)
May 2, 2022 New Case Notes: A filing fee is not due for this case. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) File to: Appropriate Staff Attorney. Attorneys are further reminded that, if necessary, they must comply with Local Rule 83.10(a) within 14 days or risk the possible dismissal of this case without prejudice or without further notice. (mmw)

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Petitioner: Rodney Gardner
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Respondent: USA
Represented By: Elise B Aldendifer
Represented By: Leigha A Simonton-DOJ
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