Elgin v. USA
| Timothy Jon Elgin |
| USA |
| 2:2022cv00576 |
| September 6, 2022 |
| US District Court for the District of Utah |
| Dale A Kimball |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate Sentence |
| None |
Docket Report
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This docket was last retrieved on November 1, 2022. A more recent docket listing may be available from PACER.
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Filing 8
Appeal Remark re #5 Notice of Appeal. Check in the amount of $500.00 received on behalf of Timothy Elgin forwarded to district court on 11/01/2022 via U.S. mail. (eat)
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Filing 7
USCA Case Number Case Appealed to Tenth Circuit Case Number 22-4094 for #5 Notice of Appeal filed by Timothy Jon Elgin. (jrj)
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Filing 6
Transmission of Preliminary Record to the USCA for the Tenth Circuit re #5 Notice of Appeal. (Attachments: #1 Appendix) (eat)
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Filing 5
NOTICE OF APPEAL as to #4 Judgment, #3 Memorandum Decision and Order Dismissing Case, filed by Timothy Jon Elgin. Appeals to the USCA for the 10th Circuit. Fee Status: Not Paid. (Attachments: #1 Letter from the Tenth Circuit) (eat)
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Filing 4
JUDGMENT - Based on this court's September 14, 2022 #3 Memorandum Decision and Order Denying and Dismissing Petitioner's 2255 motion, this action is dismissed. Signed by Judge Dale A. Kimball on 9/14/2022. (eat)
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Filing 3
MEMORANDUM DECISION AND ORDER DENYING AND DISMISSING PETITION UNDER 28 U.S.C. 2255. Defendant has been time-barred from filing a 2255 petition for well over a year, and the court again finds that Defendant is not entitled to equitable tolling. Defendant's Petition Under 28 U.S.C. 2255 for ineffective assistance of counsel is DENIED and DISMISSED, and the court declines to issue a certificate of appealability because Defendant has not made a substantial showing that he was denied a constitutional right. Signed by Judge Dale A. Kimball on 9/14/2022. (eat)
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Filing 2
NOTICE of Petitioner waiving right to be physically present at any in-court proceedings filed by Petitioner Timothy Jon Elgin. (mh) Modified by terminating motion and correcting docket text on 9/7/2022 (eat).
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Filing 1
MOTION to Vacate, Set Aside or Correct Sentence (2255). Related case: 2:20-cr-00048-DAK-1. No filing fee required. AUSA added to the case: Yes. filed by Timothy Jon Elgin. (Attachments: #1 Appendix, #2 Envelope) Assigned to Judge Dale A. Kimball (mh)
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| Petitioner: Timothy Jon Elgin | |
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| Respondent: USA | |
| Represented By: | Carol A. Dain |
| Represented By: | Cy H. Castle |
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