McKenzie v. USA
Petitioner: Karl L. McKenzie, Sr.
Respondent: United States of America
Case Number: 3:2020cv00313
Filed: March 31, 2020
Court: US District Court for the Western District of Wisconsin
Presiding Judge: James D Peterson
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None
Docket Report

This docket was last retrieved on May 6, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 6, 2020 Opinion or Order Filing 2 ** TEXT ONLY ORDER ** Karl L. McKenzie, Sr. has filed a motion under 28 U.S.C. 2255 to vacate, set aside, or correct the sentence he received in United States v. McKenzie, Case No. 17-cr-13. But the memorandum of law he attaches in support of his petition does not address the substantive grounds for his habeas petition. Instead, it argues that I should grant him a 30-day extension of time in which to file his substantive memorandum, even though McKenzie's one-year period of limitations for filing 2255 has expired. See 28 U.S.C. 2244(d)(1). McKenzie says that he missed the filing deadline because of misrepresentations made by appointed counsel and other extenuating circumstances. But he doesn't provide information sufficient for me to determine whether he might be entitled to equitable tolling. For example, he does not include an affidavit explaining what specific misrepresentations counsel made and when, or how McKenzie was diligent in pursuing his rights. I will give McKenzie until June 5, 2020 to submit both a memorandum on the merits of his habeas motion and an explanation of what prevented him from timely filing his petition. If I decide that equitable tolling is warranted, I will then decide the merits of his petition. Signed by District Judge James D. Peterson on 5/6/2020. (jls)

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Respondent: United States of America
Represented By: Corey Charles Stephan
Represented By: Laura A. Przybylinski Finn
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Petitioner: Karl L. McKenzie, Sr.
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