Michael Cobbs v. USA

23-3140 | U.S. Court of Appeals, Seventh Circuit

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Filed Nov. 7, 2023
Judges EVE and AKIWUMI
Nature of Suit 2510 Prisoner - Vacate Sentence
Original Case 3:22-cv-03141
Last Updated: 6 days, 15 hours ago Show Interactive Timeline
Filing Date # Docket Text
2/27/202549Case argued by Yevgeniy Pilipovskiy for Appellant Michael Cobbs and Eugene L. Miller for Appellee USA. [49] [7437325] [23-3140] (EF) [Entered: 02/27/2025 11:18 AM]
2/27/202548Case heard and taken under advisement by panel: Amy J. St. Eve, Circuit Judge; John Z. Lee, Circuit Judge and Nancy L. Maldonado, Circuit Judge. [48] [7437324] [23-3140] (EF) [Entered: 02/27/2025 11:17 AM]
2/20/202547Received argument confirmation per argument email form for Yevgeniy Pilipovskiy for Appellant Michael Cobbs and Eugene L. Miller for Appellee USA. [47] [7435827] [23-3140] (CAH) [Entered: 02/20/2025 10:56 AM]
2/14/2025Received argument confirmation from Yevgeniy Pilipovskiy for Appellant Michael Cobbs. [46] [7434886] [23-3140] (Pilipovskiy, Yevgeniy) [Entered: 02/14/2025 12:42 PM]
1/29/202545Paper copies of appellant reply brief filed by Appellant Michael Cobbs. DIST.[45] [7431821] [23-3140] (SK) [Entered: 01/29/2025 10:35 AM]
1/29/2025Received argument confirmation from Eugene L. Miller for Appellee USA. [44] [7431790] [23-3140] (Miller, Eugene) [Entered: 01/29/2025 09:36 AM]
1/27/2025Appellant's reply brief filed by Appellant Michael Cobbs. Paper copies due on 02/03/2025. [43] [7431449] [23-3140] (NHV) [Entered: 01/28/2025 08:47 AM]
1/27/2025Submitted appellant reply brief by Mark W. Mosier for Appellant Michael Cobbs. [42] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7431412] [23-3140] (Mosier, Mark) [Entered: 01/27/2025 04:26 PM]
1/3/2025Argument set for Thursday, February 27, 2025, at 9:30 a.m. in the Main Courtroom, Room 2721, of the United States Court of Appeals for the Seventh Circuit, 219 S. Dearborn Street, Chicago, Illinois. Each side limited to 10 minutes. [41] [7426937] [23-3140] (NHV) [Entered: 01/03/2025 03:34 PM]
12/23/2024
  • Motion to Extend Time to File ReplyGranted
Order issued GRANTING motion to extend time to file appellant's reply brief. [39] Appellant's reply brief, if any, is due on or before 01/27/2025 for Appellant Michael Cobbs. CDH [40] [7425201] [23-3140] (JMB) [Entered: 12/23/2024 09:08 AM]
12/20/2024
  • Motion to Extend Time to File Reply
Motion filed by Appellant Michael Cobbs to extend time to file appellant reply brief. [39] [7425066] [23-3140] (Pilipovskiy, Yevgeniy) [Entered: 12/20/2024 02:11 PM]
12/19/202438Paper copies of appellee brief filed by Appellee USA. [38] [7424756] [23-3140] (SK) [Entered: 12/19/2024 12:10 PM]
12/16/2024Appellee's brief filed by Appellee USA. Paper copies due on 12/23/2024. [37] [7423934] [23-3140] (SK) [Entered: 12/16/2024 02:55 PM]
12/16/2024Submitted appellee brief by Eugene L. Miller for Appellee USA. [36] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7423913] [23-3140] (Miller, Eugene) [Entered: 12/16/2024 02:24 PM]
11/8/2024
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellee's brief. [34] Appellee's brief due on or before 12/16/2024 for United States of America. Appellant's reply brief, if any, is due on or before 01/06/2025 for Appellant Michael Cobbs. CDH [35] [7416646] [23-3140] (HTP) [Entered: 11/08/2024 11:01 AM]
11/7/2024
  • Motion
Motion filed by Appellee USA to extend time to file appellee brief. [34] [7416464] [23-3140] (Miller, Eugene) [Entered: 11/07/2024 02:53 PM]
11/7/2024Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Yevgeniy Pilipovskiy for Appellant Michael Cobbs. [33] [7416350] (L-Yes; E-Yes; R-Yes) [23-3140] [Edited 11/07/2024 by CG to reflect the addition and designation of counsel.] (Pilipovskiy, Yevgeniy) [Entered: 11/07/2024 11:34 AM]
10/30/2024Appearance form filed by Attorney Eugene L. Miller for Appellee USA. [32] [7414740] (L-Yes; E-Yes; R-Yes) [23-3140] [32] [7414740] [23-3140]--[Edited 10/30/2024 by HTP to reflect termination and addition of counsel.] (Miller, Eugene) [Entered: 10/30/2024 02:47 PM]
10/18/2024
  • Motion to WithdrawGranted
ORDER re: Unopposed motion for withdrawal of appearance of Emily A. Vernon and substitution of Mark W. Mosier as counsel of record on behalf of petitioner-appellant Michael W. Cobbs. The motion is GRANTED. Attorney Emily A. Vernon may withdraw from further involvement in this matter. Attorney Mark W. Mosier will serve as appointed counsel for appellant Micheal W. Cobbs. [29] CDH [31] [7412189] [23-3140] (HTP) [Entered: 10/18/2024 12:22 PM]
10/18/202430Paper copies of appellant brief and appendix filed by Appellant Michael Cobbs. [30] [7412107] [23-3140] (NHV) [Entered: 10/18/2024 10:01 AM]
10/17/2024
  • Motion to Withdraw as Counsel
Motion filed by Attorney Emily A. Vernon to withdraw as counsel Appellant Michael Cobbs. [29] [7411964] [23-3140] (Vernon, Emily) [Entered: 10/17/2024 02:43 PM]
10/16/2024Filed Appendix by Appellant Michael Cobbs. [28] [7411805] Paper copies due on 10/23/2024 [23-3140] (EF) [Entered: 10/17/2024 09:01 AM]
10/16/2024Appellant's brief filed by Appellant Michael Cobbs. Paper copies due on 10/23/2024. REMINDER: If a case is designated to proceed to oral argument, hearing notices will be mailed shortly before the date of oral argument. Please note that counsel's unavailability for oral argument must be submitted by letter, filed electronically with the Clerk's Office, and should be made by no later than seven days after the filing of the appellee's brief. See Cir. R. 34(b)(3), (4). The court's calendar is located at https://www.ca7.uscourts.gov/cal/argcalendar.pdf. Once scheduled, oral argument is rescheduled only in extraordinary circumstances. See Cir. R. 34(b)(4), (e). [27] [7411801] [23-3140] (EF) [Entered: 10/17/2024 08:58 AM]
10/16/2024Submitted Joint Appendix by Emily A. Vernon for Appellant Michael Cobbs. [26] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7411770] [23-3140] (Vernon, Emily) [Entered: 10/16/2024 05:29 PM]
10/16/2024Submitted appellant brief by Emily A. Vernon for Appellant Michael Cobbs. [25] NOTE: Access to this entry is limited to counsel of record. Once the document is approved by the court, it will be filed onto the court's docket as a separate entry which will be open to the public. [7411769] [23-3140] (Vernon, Emily) [Entered: 10/16/2024 05:26 PM]
10/14/2024Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Mark W. Mosier for Appellant Michael Cobbs. [24] [7411024] (L-No; E-Yes; R-No) [23-3140]--[Edited 10/15/2024 by FP to reflect that atty. Mosier is added to the docket.] (Mosier, Mark) [Entered: 10/14/2024 09:51 AM]
9/16/2024Circuit Rule 26.1 Disclosure Statement and Appearance filed by Attorney Emily A. Vernon for Appellant Michael Cobbs. [23] [7405611] (L-Yes; E-Yes; R-No) [23-3140] (Vernon, Emily) [Entered: 09/16/2024 09:18 AM]
9/5/2024
  • Motion to Extend Time to File BriefGranted
ORDER issued GRANTING motion to extend time to file appellant's brief. [21] Appellant's brief due on or before 10/16/2024 for Michael Cobbs. Appellee's brief due on or before 11/15/2024 for United States of America. Appellant's reply brief, if any, is due on or before 12/06/2024 for Appellant Michael Cobbs. CDH [22] [7403845] [23-3140] (PS) [Entered: 09/05/2024 03:51 PM]
9/5/2024
  • Motion to Extend Time to File Brief
Motion filed by Appellant Michael Cobbs to extend time to file appellant brief. [21] [7403615] [23-3140] (Vernon, Emily) [Entered: 09/05/2024 09:53 AM]
7/19/2024
  • Motion to Extend Time to File BriefGranted
Order issued GRANTING motion to extend time to file appellant's brief. [19] Appellant's brief due on or before 09/16/2024 for Michael Cobbs. Appellee's brief due on or before 10/16/2024 for United States of America. Appellant's reply brief, if any, is due on or before 11/06/2024 for Appellant Michael Cobbs. CDH [20] [7394661] [23-3140] (FP) [Entered: 07/19/2024 04:21 PM]
7/19/2024
  • Motion to Extend Time to File Brief
Motion filed by Appellant Michael Cobbs to extend time to file appellant brief. [19] [7394575] [23-3140] (Vernon, Emily) [Entered: 07/19/2024 01:07 PM]
5/17/2024
  • Order
ORDER: Pursuant to this court’s order of 03/18/2024, IT IS ORDERED that Emily A. Vernon, COVINGTON & BURLING LLP, 850 Tenth Street, N.W., One City Center, Washington, DC 20001, evernon@cov.com, is appointed to represent petitioner-appellant Michael Cobbs pursuant to the provisions of the Criminal Justice Act. Counsel is directed to contact the petitioner-appellant immediately. Briefing shall proceed as follows: Appellant's brief due on or before 08/15/2024 for Michael Cobbs. Appellee's brief due on or before 09/16/2024 for United States of America. Appellant's reply brief, if any, is due on or before 10/07/2024 for Appellant Michael Cobbs. IT IS FURTHER ORDERED that the District Court shall add attorney Emily A. Vernon to their CM/ECF database for purposes of accessing District Court documents, including sealed docket entries not filed ex parte. DW [18] [7383034] [23-3140] (MAN) [Entered: 05/17/2024 11:52 AM]
4/3/2024
  • Order
ORDER re: 1. Defendant's pro se notice of appeal. 2. Defendant's pro se motion for extension. Last month, we denied Michael Cobbs’s motion to proceed in forma pauperis, but said that we would appoint counsel to represent Cobbs if he pays the filing fee. Although Cobbs had enough money to pay the filing fee, we determined that he does not have sufficient funds to hire an attorney and thus is financially eligible for representation under the Criminal Justice Act. See 18 U.S.C. § 3006A(a)(2)(B). This court has now received notice that Cobbs has paid the filing fee in the district court. Accordingly, the motion for an extension to pay the fee is DENIED as unnecessary. Cobbs is GRANTED leave to proceed in forma pauperis for the purpose of appointing counsel, and his request to appoint counsel is GRANTED. An order designating counsel and setting a briefing schedule will follow. [15][11] SCR [17] [7373920] [23-3140] (HTP) [Entered: 04/03/2024 12:58 PM]
4/3/2024Filed notice from the District Court that the appeal docketing fee was received. [16] [7373865] [23-3140] (CAG) [Entered: 04/03/2024 11:16 AM]
4/1/2024
  • Motion
Pro se motion filed by Appellant Michael Cobbs to extend time to pay the filing fee. [15] [7373533] [23-3140] (EF) [Entered: 04/02/2024 09:06 AM]
3/18/2024
  • Order
ORDER re: 1. Affidavit accompanying motion for permission to appeal in forma pauperis. 2. Defendant's pro se notice of appeal. [9] The district court granted Michael Cobbs a certificate of appealability regarding the denial of his motion under 28 U.S.C. § 2255. Cobbs argued that he is actually innocent of his conviction for brandishing a firearm during a crime of violence and thus his guilty plea was not knowing and intelligent. See United States v. Taylor, 142 S. Ct. 2015 (2022). The district court ruled that this argument was procedurally barred because Cobbs could have raised it in a timely motion to withdraw the plea or on direct review. But the district court also concluded that reasonable jurists could debate whether Cobbs could excuse his prior failure to challenge the validity of his plea. See Bousley v. United States, 523 U.S. 614, 621 (1998); Lewis v. Peterson, 329 F.3d 934 (7th Cir. 2003). Cobbs’s motion to proceed in forma pauperis is DENIED because he has not shown that he is indigent. Cobbs shall pay the required appellate filing fees within 14 days, or this appeal will be dismissed for failure to prosecute pursuant to Circuit Rule 3(b). Although we find that Cobbs is capable of paying the filing fees, we have also determined that he does not have sufficient funds to hire an attorney and thus is financially eligible for representation under the Criminal Justice Act. Accordingly, if Cobbs pays the filing fees, this court will appoint counsel to represent him. Once this court receives notice that the filing fee has been paid, it will issue an order addressing the appointment of counsel. Sent Certified Mail. Receipt Number: 7021 2720 0001 0402 8866. SCR [14] [7370661] [23-3140] (CG) [Entered: 03/18/2024 11:44 AM]
1/17/2024Docketing Statement filed by Appellant Michael Cobbs. Prior or Related proceedings: No. [13] [7359214] [23-3140] (DAB) [Entered: 01/17/2024 02:53 PM]
1/16/2024Docketing Statement filed by Appellant Michael Cobbs. Prior or Related proceedings: No. [12] [7358905] [23-3140] (CAH) [Entered: 01/16/2024 03:47 PM]
1/9/2024
  • Motion
Pro se motion filed by Appellant Michael Cobbs for appointment of counsel. [11] [7357918] [23-3140] (AP) [Entered: 01/10/2024 10:26 AM]
1/4/2024
  • Order
ORDER: Appellant Michael Cobbs is directed to file the overdue Docketing Statement within 14 days from the date of this Rule to Show Cause. Docketing statement response due for Appellant Michael Cobbs by 01/18/2024. Sent Certified Mail. Receipt Number: 7022 0410 0003 3396 4400. [10] [7356857] [23-3140] (AD) [Entered: 01/04/2024 10:18 AM]
12/27/2023Prose motion filed by Appellant Michael Cobbs to proceed on appeal in forma pauperis. [9] [7355889] [23-3140] (DAB) [Entered: 12/27/2023 02:34 PM]
12/8/2023Filed District Court order DENYING Appellant Michael Cobbs leave to proceed on appeal in forma pauperis. Date IFP denied: 12/08/2023. Issued Circuit Rule 3(b) 30 day notice for failure to pay the docketing fee. Fee or IFP forms due on 01/08/2024 for Appellant Michael Cobbs [7352532] [8] [7352532] [23-3140] (CG) [Entered: 12/08/2023 02:20 PM]
11/27/2023Filed letter from Appellant Michael Cobbs regarding paying the $505 filing fee. (Forwarded from the District Court).[7] [7349876] [23-3140] (CAG) [Entered: 11/27/2023 02:56 PM]
11/22/2023
  • Order
ORDER re: Letter filed November 21, 2023 by the pro se appellant. To the extent that the appellant seeks an extension of time, the appellant shall file his overdue Circuit Rule 3(c) docketing statement by December 22, 2023. The clerk shall send the appellant a copy of this court’s public docket and this court’s instructions for preparing a docketing statement so the appellant may familiarize himself with the information that must be included in a Circuit Rule 3(c) docketing statement. In his docketing statement, the appellant should attempt to provide the information listed in the Pro Se Instructions, particularly the date of the judgment or order being challenged in this appeal. CDH [6] [7349445] [23-3140] (AD) [Entered: 11/22/2023 11:56 AM]
11/21/2023Filed letter from Appellant Michael Cobbs regarding case. [5] [7349231] [23-3140] (KRA) [Entered: 11/21/2023 02:48 PM]
11/20/2023
  • Order
ORDER re: Letter regarding fee payment. To the extent that the appellant seeks an extension of time to pay the appellate filing fees, IT IS ORDERED that the request is GRANTED. The appellant shall either pay the $505.00 appellate filing fees or file a motion for leave to proceed on appeal in forma pauperis in the district court by December 20, 2023. CDH [4] [7348938] [23-3140] (ER) [Entered: 11/20/2023 04:01 PM]
11/20/2023Filed letter from Appellant Michael Cobbs regarding paying the filing fee. [3] [7348850] [23-3140] (CAG) [Entered: 11/20/2023 02:28 PM]
11/14/2023Filed District Court order dated 11/09/2023, The petitioners motion to reopen time to file notice of appeal was allowed; and thus, the notice of appeal is deemed timely. Forwarded to SCR & DW [2] [7347571] [23-3140] (CAG) [Entered: 11/14/2023 08:39 AM]
11/7/2023Federal prisoner's 2255 case docketed. Certificate of Appealability granted 08/10/2023. Fee due. Docketing Statement due for Appellant Michael Cobbs by 11/14/2023. Fee or IFP forms due on 11/21/2023 for Appellant Michael Cobbs. Transcript information sheet due by 11/21/2023. [1] [7346644] [23-3140] (HTP) [Entered: 11/08/2023 09:05 AM]