United States of America et al

Filing 11

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 9/8/2009:Mailed notice(srn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION UNITED STATES OF AMERICA, Plaintiff, v. MARCUS TYMS, Defendant. ) ) ) ) ) ) ) ) ) No. 09 C 5149 (08 CR 543) MEMORANDUM ORDER Marcus Tyms ("Tyms") has filed a self-prepared "Motion to Reconsider 28 U.S.C. 2255." As to the first paragraph of that motion, which charges that Tyms was deprived of constitutionallyeffective counsel when he was represented by J. Clifford Greene, Esq. at the time he pleaded guilty, this Court orders that written responses be provided by attorney Greene and by the United States Attorney's Office on or before September 25, 2009. Tyms' second ground, which claims the absence of federal jurisdiction, is rejected as frivolous. Finally, Tyms' request for the appointment of counsel is deferred pending receipt of the previously-ordered responses to his motion. ________________________________________ Milton I. Shadur Senior United States District Judge Date: September 8, 2009

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