Perkins v. United States of America

Filing 4

MEMORANDUM AND ORDER Directing the Government to respond to Petitioner's Section 2255 motion; and Denying as moot 2 MOTION for Leave to Proceed in forma pauperis. Signed by Chief Judge David R. Herndon on 6/24/2010. (jwt)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS DAMMARO D. PERKINS, Petitioner/Defendant, vs. UNITED STATES of AMERICA , Respondent/Plaintiff. ) ) ) ) ) ) ) ) )

CIVIL NO. 10-cv-104-DRH CRIMINAL NO. 05-cr-30137

MEMORANDUM AND ORDER HERNDON, Chief Judge: This matter is before the Court on Petitioner's motion for relief pursuant to 28 U.S.C. § 2255. Also before the Court is Petitioner's motion to proceed in forma pauperis (Doc. 2). Because there is no filing fee for bringing a § 2255 motion and because there is no other matter currently pending before the Court where Petitioner's pauper status is a relevant issue, the Court will deny Petitioner's motion to proceed in forma pauperis (Doc. 2) with prejudice as moot. Petitioner was found guilty, after a jury trial, of: possessing with intent to distribute cocaine base in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(B); possessing with intent to distribute marijuana in violation of 21 U.S.C. §§ 841(a)(1) and (b)(1)(D); being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1); and possessing a firearm during and in relation to a drug trafficking crime in violation of 18 U.S.C. § 924(c)(1)(A). On October 1, 2007, Petitioner was sentenced to 210 months imprisonment, 8 years supervised release, an $800 fine, and a $400 special assessment . Petitioner filed a direct appeal concerning his

convictions, but they were affirmed by the Seventh Circuit Court of Appeals. United States v. Perkins, No. 07-3383 (7th Cir., affirming district court November 13, 2008). It appears that Petitioner did not seek a petition for a writ of certiorari from the Supreme Court of the United States. 1 In his § 2255 motion, Petitioner asserts seven grounds of ineffective assistance of counsel. Petitioner further claims that the Government failed to carry its burden of showing his guilt beyond reasonable doubt. The Court ORDERS the Government to file a response to Petitioner's motion within THIRTY (30) DAYS of the date of this Order. The Government shall, as part of its response, attach all relevant portions of the record. IT IS SO ORDERED. DATED: June 24, 2010.

/s/ DavidRHer|do| DISTRICT JUDGE

Petitioner claims that he instructed his attorney "to file an appeal to the U.S. Supreme Court from the Seventh Circuit decision. Counsel failed to do as requested." 2

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