Thacker v. USA, No. 2:2008cv02095 - Document 17 (C.D. Ill. 2009)
Court Description: OPINION entered by Chief Judge Michael P. McCuskey on 11/30/2009. IT IS THEREFORE ORDERED THAT: (1) Petitioner's Motion to Reconsider 16 is DENIED. (2) Petitioner's Motion to Give Notice of Appeal 16 is GRANTED. (3) The clerk is dire cted to file Petitioner's Motion as a Notice of Appeal. (4) To the extent Petitioner is requesting a certificate of appealability from this court, that request is DENIED. This court concludes that Petitioner has not made a substantial showing o f the denial of a constitutional right. (5) To the extent that Petitioner is requesting to appeal in forma pauperis, Petitioner is advised that he must file a motion to proceed on appeal in forma pauperis and attach the required trust fund ledger from the United States Penitentiary where he is currently housed. (Copy mailed to Ross Thacker 14044 026 ATWATER U.S. PENITENTIARY Inmate Mail/Parcels P.O. BOX 019001 ATWATER, CA 953010 (MT, ilcd)
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E-FILED Monday, 30 November, 2009 03:17:36 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS URBANA DIVISION _____________________________________________________________________________ ROSS THACKER, ) ) ) ) ) Petitioner, v. UNITED STATES OF AMERICA, Case No. 08-CV-2095 ) ) ) Respondent. OPINION On April 18, 2008, Petitioner, Ross Thacker, filed a pro se Motion to Vacate, Set Aside or Correct Sentence (#1) pursuant to 28 U.S.C. § 2255. On October 19, 2009, this court entered an Opinion (#14) which thoroughly discussed Petitioner s claims and denied Petitioner s § 2255 Motion. On November 23, 2009, Petitioner filed a pro se document entitled Petitioner s Consolidated, Alternative Motion to Reconsider, on the Alternative Motion to Give Notice of Appeal, In Forma Pauperis (#16). Petitioner included a lengthy argument regarding the sentence imposed by this court. After careful consideration, this court concludes that Petitioner s argument has no merit based upon the controlling case law from the Seventh Circuit Court of Appeals. IT IS THEREFORE ORDERED THAT: (1) Petitioner s Motion to Reconsider (#16) is DENIED. (2) Petitioner s Motion to Give Notice of Appeal (#16) is GRANTED. (3) The clerk is directed to file Petitioner s Motion as a Notice of Appeal. (4) To the extent Petitioner is requesting a certificate of appealability from this court, that request is DENIED. This court concludes that Petitioner has not made a substantial showing of the denial of a constitutional right. (5) To the extent that Petitioner is requesting to appeal in forma pauperis, Petitioner is advised that he must file a motion to proceed on appeal in forma pauperis and attach the required trust fund ledger from the United States Penitentiary where he is currently housed. ENTERED this 30th day of November, 2009 s/ Michael P. McCuskey MICHAEL P. McCUSKEY CHIEF U.S. DISTRICT JUDGE 2
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