Bates v. United States of America (INMATE 3)
Filing
41
JUDGMENT: Upon consideration of the opinion of the USCOA for the Eleventh Circuit entered on 5/29/2016 (doc. no. 39 ), wherein the final judgment of this court made and entered herein on 9/14/2015 (doc. no. 27 ), was vacated and remanded; and the m andate of the USCOA for the Eleventh Circuit issued on 7/11/2016, and received in the office of the clerk of this court on 7/11/2016 (doc. no. 40 ), it is the ORDER, JUDGMENT, and DECREE of the court that: (1) The opinion and final judgment of this court made and entered on 9/14/2015 (doc. nos. 26 & 27 ), are vacated. (2) Petitioner Janika Fernae Batess petition for habeas corpus pursuant to 28 U.S.C. § 2255 (doc. no. 1 ) is granted. (3) Petitioner Bates is to remain in the custody of the Attorney General pending resentencing. (4) No costs are taxed. The clerk of court is DIRECTED to file a copy of the opinion of the appeals court and this judgment in U.S.A. v Bates, criminal action no. 2:11-cr-006-MHT. The clerk of the court is f urther DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 7/21/2016. Copy furnished to AG. (Attachments: # 1 Civil Appeals Checklist)(dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
JANIKA FERNAE BATES,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.
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CIVIL ACTION NO.
2:12cv580-MHT
(WO)
JUDGMENT
Upon consideration of the opinion of the United
States
Court
of
Appeals
for
the
Eleventh
Circuit
entered on May 19, 2016 (doc. no. 39), wherein the
final judgment of this court made and entered herein on
September
14,
2015
(doc.
no.
27),
was
vacated
and
remanded; and the mandate of the United States Court of
Appeals for the Eleventh Circuit issued on July 11,
2016, and received in the office of the clerk of this
court on July 11, 2016 (doc. no. 40), it is the ORDER,
JUDGMENT, and DECREE of the court that:
(1) The opinion and final judgment of this court
made and entered on September 14, 2015 (doc. nos. 26 &
27), are vacated.
(2) Petitioner Janika Fernae Bates’s petition for
habeas corpus pursuant to 28 U.S.C. § 2255 (doc. no. 1)
is granted.
(3) Petitioner Bates is to remain in the custody of
the Attorney General pending resentencing.
(4)
No costs are taxed.
The clerk of court is DIRECTED to file a copy of
the opinion of the appeals court and this judgment in
U.S.A. v Bates, criminal action no. 2:11-cr-006-MHT.
The clerk of the court is further DIRECTED to enter
this document on the civil docket as a final judgment
pursuant
to
Rule
58
of
the
Federal
Rules
of
Civil
Procedure.
This case is closed.
DONE, this the 21st day of July, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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