Justin Wadsworth v. USA

Docket(#15) ORDER: The district court granted Justin Wadsworth a certificate of appealability to challenge the denial of his motion under 28 U.S.C. 2255. Wadsworth has moved for appointment of counsel on appeal. After reviewing the district courts order and the record, we conclude that counsel would aid our review of the appeal. Petitioner-appellants request for counsel is GRANTED. An order designating counsel and setting a briefing schedule will follow. Counsel must promptly evaluate the certificate of appealability; and, within 30 days of being appointed, counsel must move to vacate the certificate of appealability if counsel concludes it was improvidently granted. See Lavin v. Rednour, 641 F.3d 830, 83233 (7th Cir. 2011). Counsel may also consider moving to clarify or expand the certificate if appropriate. [ # 11 ] [15] [7413975] [24-2632] (CG) [Entered: 10/28/2024 09:14 AM]

Docket(#14) ORDER re: Motion Requesting Extension of Time. A review of the courts docket shows that on October 10, 2024, this court suspended briefing in this appeal pending resolution of the appellants motion for appointment of counsel. Accordingly, the motion for extension of time is DENIED as unnecessary at this time. [ # 13 ] CDH [14] [7411957] [24-2632] (AD) [Entered: 10/17/2024 02:28 PM]

Docket(#13) Pro se motion filed by Appellant Justin A. Wadsworth to extend time to file appellant's brief. [13] [7411585] [24-2632] (DAB) [Entered: 10/16/2024 11:39 AM]

Docket(#12) Docketing Statement filed by Appellant Justin A. Wadsworth. Prior or Related proceedings: Yes. 24-2777 [12] [7411583] [24-2632] (DAB) [Entered: 10/16/2024 11:38 AM]

Docket(#11) Pro se motion filed by Appellant Justin A. Wadsworth for appointment of counsel. [11] [7410743] [24-2632] (CAH) [Entered: 10/10/2024 03:29 PM]

Docket(#10) ORDER: Briefing in this appeal is SUSPENDED pending resolution of the motion for appointment of counsel filed by the appellant on October 9, 2024. CDH [10] [7410653] [24-2632] (AD) [Entered: 10/10/2024 11:39 AM]

Docket(#9) Appearance form filed by Attorney Angela Scott for Appellee USA in 24-2777, 24-2632. [9] [7410551] (L-Yes; E-Yes; R-Yes) [24-2777, 24-2632]--[Edited 10/10/2024 by PS - to reflect the termination and addition of counsel.] (Scott, Angela) [Entered: 10/10/2024 09:12 AM]

Docket(#8) Pro se motion filed by Appellant Justin A. Wadsworth requesting the appointment of counsel. [8] [7410247] [24-2632, 24-2777] (CG) [Entered: 10/09/2024 08:46 AM]

Docket(#7) Filed District Court order dated 10/08/2024. Wadsworth has filed a motion requesting counsel. He claims that his previously recruited attorney does not practice appellate work; however, he did file a notice of appeal on Wadsworth's behalf. Wadsworth has asked for the Court to appoint him new counsel. As Wadsworth's case is on appeal, this Court no longer has jurisdiction. Wadsworth's motion and all future filings and motions should be filed in his appellate case until his appeal is decided. Accordingly, the Court DEFERS ruling on his motion. Furthermore, the Court ORDERS the Clerk of Court to FORWARD this motion to the Court of Appeals for the Seventh Circuit and TERMINATE the motion in this case. [7] [7410246] [24-2632, 24-2777] (CG) [Entered: 10/09/2024 08:45 AM]

Docket(#6) ORDER: Appellant Justin A. Wadsworth is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Justin A. Wadsworth by 10/17/2024. Sent Certified Mail. Receipt Number: 9589 0710 5270 0423 8731 96. [6] [7409110] [24-2632] (AD) [Entered: 10/03/2024 09:53 AM]

Docket(#5) ORDER re: Motion to withdraw. [ # 4 ] The motion is GRANTED. Attorney Robert L. Elovitz may withdraw from further representation of the appellant. Appellant Justin A. Wadsworth is reminded that he will proceed pro se in this matter unless he secures new counsel, and his opening brief remains due by October 29, 2024. The clerk will send the appellant a copy of counsels motion to withdraw and the courts public docket. CDH [5] [7407280] [24-2632] (CG) [Entered: 09/24/2024 12:09 PM]

Docket(#4) Motion filed by Attorney Robert L. Elovitz to withdraw as counsel for Appellant Justin A. Wadsworth. [4] [7406946] [24-2632]--[Edited 09/23/2024 by CG to reflect attorney filer.] (Elovitz, Robert) [Entered: 09/23/2024 10:30 AM]

Docket(#3) ORDER: The court notes that petitioner Justin A. Wadsworth was represented in the district court by court-appointed attorney Robert L. Elovitz. Attorney Robert L. Elovitz filed a notice of appeal and apparently will represent petitioner in this appeal. Accordingly, counsel is reminded to seek reappointment in this court if he intends to seek compensation under the Criminal Justice Act for his work on appeal. See Johnson v. Chandler, 487 F.3d 1037 (7th Cir. 2007). [3] [7406772] [24-2632] (HTP) [Entered: 09/20/2024 02:31 PM]

Docket(#2) Attorney James M. Cutchin for USA in 24-2632 terminated and added Attorney(s) Angela Scott for party(s) Appellee USA, in case 24-2632 per appearance form. Appearance form filed by Attorney Angela Scott for Appellee USA. [2] [7406635] (L-Yes; E-Yes; R-Yes) [24-2632]--[Edited 09/20/2024 by AD to reflect the termination and addition of counsel.] (Scott, Angela) [Entered: 09/20/2024 10:06 AM]

Docket(#1) Federal prisoner's 2255 case docketed. Certificate of Appealability granted 08/28/2024. IFP. Docketing Statement due for Appellant Justin A. Wadsworth by 09/25/2024. Appellant's brief due on or before 10/29/2024 for Justin A. Wadsworth. Transcript information sheet due by 10/03/2024. [1] [7406479] [24-2632] (HTP) [Entered: 09/19/2024 02:15 PM]