Midkiff v. United States of America
Petitioner: Scott Lee Midkiff
Respondent: United States of America
Case Number: 3:2024cv00056
Filed: February 5, 2024
Court: US District Court for the Southern District of West Virginia
Presiding Judge: Robert C Chambers
Referring Judge: Cheryl A Eifert
Nature of Suit: Prisoner: 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 April 2, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 2, 2024 Opinion or Order Filing 851 ORDER as to Scott Lee Midkiff; granting Respondent's #850 MOTION to Extend Time to File Response as to Movant's #844 MOTION to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255; directing Respondent to file its response to Movant's #844 MOTION to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255 on or before 5/6/2024. Signed by Magistrate Judge Cheryl A. Eifert on 4/2/2024. (cc: Judge, Movant, counsel) (skm)
April 2, 2024 Filing 850 MOTION by United States of America to Extend Deadline to File Response to May 6, 2024 as to #844 MOTION by Scott Lee Midkiff to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255. Cross Reference Criminal Case Number 3:21-cr-00109-01. (Adams, Joseph) (Modified on 4/2/2024 to update ECF No.) (ts).
February 20, 2024 Filing 849 Document filed only in criminal case; not applicable to this proceeding. (ts)
February 12, 2024 Filing 848 Document filed only in criminal case; not applicable to this proceeding. (ts)
February 6, 2024 Opinion or Order Filing 847 ORDER directing the United States to answer Movant's #844 MOTION to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255, within sixty (60) days of the entry of this Order; if Movant's claims involve plea or sentencing issues, the United States is directed to file the plea hearing and/or sentencing hearing transcripts; Movant may, if he wishes, file a reply to the answer of the United States within sixty (60) days after service of the answer by the United States. Signed by Magistrate Judge Cheryl A. Eifert on 2/6/2024. (cc: USA, Movant) (jsa)
February 6, 2024 Filing 846 CLERK'S NOTICE OF FILING OF 2255 MOTION by Scott Lee Midkiff to U. S. Attorney with copy to Movant, Judge, Magistrate Judge. (jsa)
February 6, 2024 Filing 845 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. This case is referred to Magistrate Judge Cheryl A. Eifert for Findings of Fact and Recommendations for disposition. (cc: Judge Chambers; Magistrate Judge Eifert; Petitioner; USA; USM; USP) Cross Reference Criminal Number 3:21-cr-00109. (klc)
February 5, 2024 CASE assigned to Judge Robert C. Chambers. (klc)
February 5, 2024 Filing 844 MOTION by Scott Lee Midkiff to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody pursuant to Title 28, United States Code, Section 2255. Cross Reference Criminal Case Number 3:21-cr-00109-01. (Attachments: #1 Affidavit of Scott Lee Midkiff, #2 Affidavit of Victoria Swain, #3 Cover Letter, #4 Envelope) (jsa) (Modified on 2/5/2024 to correspond to companion criminal action) (mkw).

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Petitioner: Scott Lee Midkiff
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Respondent: United States of America
Represented By: Courtney L. Finney
Represented By: Joseph F. Adams
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