United States of America v. Barbosa

Filing 7

MEMORANDUM Order: On October 12, 2016 this Court received from the Clerk's Office the Judge's Copy of a pro se filing by Vito Barbosa ("Barbosa") captioned "Emergency Motion To Expedite 28 U.S.C.§2255 Petition for Good Cause Shown" ("Emergency Motion"). That filing, dated October 6 by Barbosa, was obviously prepared and filed before Barbosa received this Court's October 4 memorandum order that reflected its prompt examination of Barbosa's Section 2255 motion and explained why it called for dismissal under Rule 4(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts.As a result, Barbosa's Emergency Motion is denied as moot. And as the October 4 memorandum order concluded by saying, this Court has denied a certificate of appealability but has apprised Barbosa of his right to seek a certificate from the Court of Appeals underFed. R. App. 22. Signed by the Honorable Milton I. Shadur on 10/17/2016:Mailed notice(clw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

UNITED STATES OF AMERICA,

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Plaintiff,
v.
VITO BARBOSA,
Defendant.

Case No. 16 C 9289
Criminal Case No. 04 CR 609

MEMORANDUM ORDER
On October 12, 2016 this Court received from the Clerk's Office the Judge's Copy of a
pro se filing by Vito Barbosa ("Barbosa") captioned "Emergency Motion To Expedite 28 U.S.C.
§2255 Petition for Good Cause Shown" ("Emergency Motion"). That filing, dated October 6 by
Barbosa, was obviously prepared and filed before Barbosa received this Court's October 4
memorandum order that reflected its prompt examination of Barbosa's Section 2255 motion and
explained why it called for dismissal under Rule 4(b) of the Rules Governing Section 2255
Proceedings for the United States District Courts.
As a result, Barbosa's Emergency Motion is denied as moot. And as the October 4
memorandum order concluded by saying, this Court has denied a certificate of appealability but
has apprised Barbosa of his right to seek a certificate from the Court of Appeals under
Fed. R. App. 22.

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Milton I. Shadur
Senior United States District Judge
Date: October 17, 2016