Case Details

CourtDistrict of Massachusetts
Docket number1:00-cv-10742
Date case filed2000-04-17
Date case closed2001-04-25
Date of latest filing2002-03-21
Assigned toJudge Douglas P. Woodlock
Case cause28:2255 Motion to Vacate / Correct Illegal Sentenc
Nature of suit510 Prisoner: Vacate Sentence
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: James M. Murphy
Party type: Plaintiff
Attorney name: James M. Murphy
Attorney Contact:
18257-038
U.S. Penitentiary
Lewisburg, PA 17837
PRO SE
Party: USA
Party type: Defendant
Attorney name: James B. Farmer
Attorney Contact:
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3150
Fax: 617-748-3953
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Stephen P. Heymann
Attorney Contact:
United States Attorney's Office
John Joseph Moakley Federal Courthouse
1 Courthouse Way
Suite 9200
Boston, MA 02210
617-748-3100
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12000-04-17 Motion to Vacate/Set Aside/Correct Sentence (2255)Motion by James M. Murphy to vacate under 28 U.S.C. 2255 , filed. (mr) (Entered: 04/21/2000)
22000-04-17 Memorandum in Support of MotionMemorandum by James M. Murphy in support of [1-1] motion to vacate under 28 U.S.C. 2255 , filed. (mr) (Entered: 04/21/2000)
32000-05-10 Service Order - 2255 MotionJudge Douglas P. Woodlock . Order entered pursuant to R 4(b) of the Rules on Sec 2255 cases for service on respondents. Answer/responsive pleading due w/in 20 days of rcpt of this order but no later than 5/30/00. Notice sent to counsel/parties. [EOD Date 5/10/00] (mr) (Entered: 05/10/2000)
42000-05-10 Motion for Leave to FileMotion by James M. Murphy for leave to file corrected copy of memorandum in support of petition , filed. c/s (mr) (Entered: 05/11/2000)
52000-05-23 Motion to ContinueMotion by USA to extend time to 7/31/00 to respond to 2255 petition , filed. c/s (mr) (Entered: 05/24/2000)
62000-06-08 Letter by James M. Murphy in 1:00-cv-10742 dated: 6/6/00 to: Judge Woodlock re: govt's motion for extention filed. (mr) (Entered: 06/09/2000)
72000-06-12 Letter by James M. Murphy in 1:00-cv-10742 dated: 6/9/00 to: Judge Woodlock filed. (copy of docket mailed to petitioner) (mr) (Entered: 06/13/2000)
82000-07-17 Motion for ClarificationMotion by James M. Murphy in 1:00-cv-10742 for clarification , filed. c/s (mr) (Entered: 07/18/2000)
92000-07-18 Response to MotionResponse by USA in 1:00-cv-10742 to [8-1] motion for clarification , filed. c/s (mr) (Entered: 07/19/2000)
102000-07-24 Motion for Leave to FileMotion by USA in 1:00-cv-10742 for leave to file brief in excess of 20 pages , filed. c/s (mr) (Entered: 07/25/2000)
112000-07-31 Memorandum in Opposition to MotionResponse by USA in 1:00-cv-10742 in opposition to [1-1] motion to vacate under 28 U.S.C. 2255 , filed. c/s (mr) (Entered: 08/01/2000)
122000-07-31 ExhibitAppendix/exhibits by USA in 1:00-cv-10742 in support of [11-1] opposition response , filed. c/s (mr) (Entered: 08/01/2000)
132000-08-01 Motion to ContinueMotion by James M. Murphy in 1:00-cv-10742 to extend time to 10/1/00 to reply to govt's response , filed. c/s (mr) (Entered: 08/01/2000)
142000-09-15 Motion for Leave to FileMotion by James M. Murphy in 1:00-cv-10742 for leave to file brief in excess of 20 pages , filed. c/s (mr) (Entered: 09/15/2000)
152000-09-15 Motion to Appoint CounselMotion by James M. Murphy in 1:00-cv-10742 for appointment of counsel , filed. c/s (mr) (Entered: 09/15/2000)
162000-09-29 Reply to Response to MotionReply by James M. Murphy in 1:00-cv-10742 to response to [1-1] motion to vacate under 28 U.S.C. 2255 , filed. (mr) (Entered: 09/29/2000)
172000-09-22 Memorandum in Opposition to MotionSUPPLEMENTAL Response (in letter form) by USA in 1:00-cv-10742 in opposition to [1-1] motion to vacate under 28 U.S.C. 2255, filed with enclosure of recent decision in United States v. Shea, 211 F.3d 658 (1st Cir. 2000). (sat) (Entered: 10/05/2000)
182000-10-04 Response - MiscellaneousReply by James M. Murphy in 1:00-cv-10742 to [16-1] response reply, filedi; c/s. (sat) (Entered: 10/05/2000)
192000-11-06 Letter by James M. Murphy in 1:00-cv-10742 dated: 11/10/00 to: Judge Woodlock re: Petitioner 2255 motion filed. (fmr) (Entered: 11/20/2000)
202000-12-18 Letter by James M. Murphy in 1:00-cv-10742 dated: 12/14/00 to: Judge Woodlock re: previously submitted letter (fmr) (Entered: 12/19/2000)
212001-01-22 Letter by James M. Murphy in 1:00-cv-10742 by James M. Murphy in 1:00-cv-10742 dated: 1/16/01 to: Judge re: 2255 motion filed. (eaf) (Entered: 01/22/2001)
222001-03-27 Motion for DiscoveryMotion by James M. Murphy in 1:00-cv-10742 for discovery , filed. c/s (mr) (Entered: 03/27/2001)
232001-04-02 Memorandum in Opposition to MotionResponse by USA in 1:00-cv-10742 in opposition to [22-1] motion for discovery , filed. c/s (mr) (Entered: 04/02/2001)
242001-04-17 Reply to Response to MotionReply by James M. Murphy in 1:00-cv-10742 to response to [22-1] motion for discovery , filed. c/s (mr) (Entered: 04/17/2001)
252001-04-23 Memorandum & ORDERJudge Douglas P. Woodlock . Memorandum and Order entered. denying [1-1] motion to vacate under 28 U.S.C. 2255i. The clerk is directed to dismiss the petition. cc/cl [EOD Date 4/25/01] (mr) (Entered: 04/25/2001)
262001-04-23 Order Dismissing CaseJudge Douglas P. Woodlock . Order of Dismissal entered. cc/cl [EOD Date 4/25/01] (mr) (Entered: 04/25/2001)
272001-05-04 Letter by James M. Murphy in 1:00-cv-10742 dated: 4/30/01 to: Judge Woodlock re: govt misconduct filed. (mr) (Entered: 05/07/2001)
282001-05-07 Motion for ReconsiderationMotion by James M. Murphy in 1:00-cv-10742 for reconsideration of [25-1] memorandum order , filed. c/s (mr) (Entered: 05/07/2001)
292001-07-09 Notice of AppealNotice of appeal by James M. Murphy in 1:00-cv-10742 filed. Appealing: [25-1] memorandum order, [0-0] endorsed order denying motion for reconsideration. Appeal record due on 7/24/01 (mr) (Entered: 07/13/2001)
302001-07-09 Motion for Certificate of AppealabilityApplication/petition by James M. Murphy in 1:00-cv-10742 for certificate of appealability , filed. c/s (mr) (Entered: 07/13/2001)
312001-07-09 Memorandum in Support of MotionMemorandum by James M. Murphy in 1:00-cv-10742 in support of [30-1] motion for certificate of appealability , filed. c/s (mr) (Entered: 07/13/2001)
322001-07-12 Judge Douglas P. Woodlock. Order re: Certificate of appealability entered. "I decline to issue such a certificate." cc/cl [EOD Date 7/17/01] (mr) (Entered: 07/17/2001)
332001-07-23 Motion for RecusalMotion by James M. Murphy in 1:00-cv-10742 to recuse , filed. c/s (mr) (Entered: 07/24/2001)
342001-08-03 USCA OrderOrder of the US Court of Appeals re: [29-1] appeal; Appellant has filed a Motion to Proceed In Forma Pauperis Status and asserts that he was previously allowed to proceed in forma pauperis in other actions before the court. A review of the district court docket for case number 00-cv-10742 does not reflect any ruling by the district court for in forma pauperis status. Appellant's motion is denied without prejudice to refiling after the district court has ruled on a compliant motion and financial affidavit... If the district court denies the properly filed motion and affidavit, you must either pay the docketing fees of $105.00 to the district court or file a complaint motion and financial in the court of appeals within 30 days after the service of the notice of the district court's action. The time for paying the filing fees, or alternatively, applying for a forma pauperis status in the district court is enlarged to and including AUGUST 13, 2001. Failure to pay the filing fees or to apply for in forma pauperis status may result in this case being dismissed for lack of prosecution in accordance with Local Rules 3 and 45. A copy of Form 4 is attached to this order for the appellant. (jr) (Entered: 08/03/2001)
352001-08-13 Motion for Leave to Proceed in forma pauperisMotion by James M. Murphy in 1:00-cv-10742 to proceed without prepayment of fees (in forma pauperis) , filed. c/s (mr) (Entered: 08/13/2001)
362001-11-29 Letter by James M. Murphy in 1:00-cv-10742 dated: 11/26/01 to: Judge Woodlock filed. (mr) (Entered: 11/30/2001)
372002-02-20 Letter by James M. Murphy in 1:00-cv-10742 dated: 2/4/02 to: Judge Woodlock filed. (mr) (Entered: 02/21/2002)
382002-03-21 USCA MandateMandate of US Court of Appeals re: [29-1] appeal terminating [29-1] appeal and the COA is denied. (jr) (Entered: 03/21/2002)