Is there a time frame for a judge to make a decision on a 2255?

[bates414]

The 2255 was file 9/2008 and with all the extensions the final reply was 1/2009.

Its now May 2010 and no decision, is there any limits to how long a judge can take?

[bellisq]

There is no time limit.

[bates414]

Bummer---I am not sure why the judge is taking so long.

[bellisq]

Court calendars get crowded with cases with time limits, sounds like your case has gone to the bottom of the pile. It is very frustrating to be caught in this Catch-22.

[krogersrn]

What's a 2255?

[Zelda50]

Read this: http://www.alanellis.com/PracticeAre...eas-Corpus.asp

[bates414]

so frustrating! i have been tracking 2255 filed in the 6th circuit and most are decided quickly--even with the same judge and magistrate....

Keep hoping for something---

[tolong]

Are they buying time to where you will no longer be "IN Custody"? Then would your 2255 be a moot point? I'm obviously no lawyer..just asking. My BF's took about 9 months from filing to the final decision, which was in our favor. That was in the 4th Circuit.

[bates414]

could be...that is the worry but he still has about 18 months~which would be three years since the final 2255 reply submission where it sat on the judges desk

[BlutifulScorpio]

[Deleted]

[Pro Se Mike]

Originally Posted by bates414

The 2255 was file 9/2008 and with all the extensions the final reply was 1/2009.

Its now May 2010 and no decision, is there any limits to how long a judge can take?

My 2255 in also in limbo because my claims are a matter of record. A query to informed lawyer - his reply stated that he had a 2255 case take 5 years.

I believe you can file with the clerk a request for status of the case.

Research the use of 'mandamus'.

[Zelda50]

It took 19 months for our's to be scheduled for oral arguments. I've heard them take as long as three years. No choice but to be patient and wait...and wait...and wait.

[Pro Se Mike]

Originally Posted by Zelda50

It took 19 months for our's to be scheduled for oral arguments. I've heard them take as long as three years. No choice but to be patient and wait...and wait...and wait.

Would a memo in support of a motion to clarify claims be entertained 7 months later? Further details if you need. Thanks-Mike

[jojolemay]

We are in the same boat, filed in 2006, addendum in 2007, changed judges in August 2009, nothing done since then. The Clerk at the Federal Courthouse in our state suggested we write a letter to the Judge just inquiring as to the status, but we have not decided if it was a good idea to push them. He's done 8 years on a 30 year sentence, so I guess they figure they have plenty of time.

[Zelda50]

I don't think "inquiring" politely would be considered "pushing" them.

[Pro Se Mike]

Is filing with the COA for a writ of mandamus to compel the DC to entertain the 2255 a possibility?

[Pro Se Mike]

Procedural question: DC magistrate's order outlined my claims. My motion for clarification, modification, or reconsideration of this order was filed 11/2009, without any memorandum in support. Is there any rule prohibiting the filing of a memorandum in support which will provide the court with the written records supporting my motion to clarify....?

[Fresh Start7]

Not that I'm aware of. Good Luck!

[bates414]

I think he is goignt o file a writ of mandamus given he needs all the time left to appeal any decision--it doesnt make the judge happy but i kinda figure the ruling isnt going in his favor given the 2 year time frame waiting for a hearing.

[bates414]

the lawyer inquired and he got a response...now just trying to sort through it.

Its weird because on 1 out of the 6 issues, it says the recomendation is that a writ of habeas corpus be granted...but when i read the specific response it appears as if he was being denied.

His attorney is reviewing it today but it might mean good news..