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- ilnd;;1:05-cv-04997_de9 RegisterActionDate "2005-11-08" @default.
- ilnd;;1:05-cv-04997_de9 RegisterActionDescriptionText "MINUTE entry before Judge Suzanne B. Conlon : Defendant's motion under 28 U.S.C. Section 2255 provides insufficient information to state a claim for ineffective assistance of counsel. He bases his motion on an assertion that his attorney failed to file a notice of appeal regarding his sentencing on August 30, 2004, but he fails to support the allegation with any specific information or evidence. Galbraith v. United States, 313 F. 3d 1001, 1010 (7th Cir. 2002) [Section 2255 motion properly denied where defendant failed to produce evidence, such as his sworn statement or that of his attorney, substantiating his ineffective assistance of counsel claim]. The motion does not contain information to establish whether the failure to file an appeal was due to counsel's error or DD0ABD5 own negligence, nor does the motion raise a factual issue concerning the circumstances under which DD0ABD5 purportedly instructed counsel to file an appeal. DD0ABD5 is granted leave to supplement his motion with either his own statement under penalty of perjury or his attorney's, establishing the date, place and details concerning his alleged instruction to file an appeal and counsel's response to the request. The supplement shall be filed by November 22, 2005 with a courtesy copy sent to the court. Notices mailed by judge's staff (hp, ) Modified on 11/10/2005 (hp, ). (Entered: 11/10/2005)" @default.
- ilnd;;1:05-cv-04997_de9 AdministrativeID "10" @default.