Summers v. United States of America (INMATE 3)

Filing 3

JOHNSON ORDER: It is ORDERED as follows: (1) The Federal Defender is appointed to represent the petitioner and to take all appropriate future action as is necessary. (2) If, for whatever reason, the Federal Defender does not wish to represent petitio ner, she can file an appropriate motion to withdraw. If the Federal Defender does not think it prudent to state explicitly the reason for the withdrawal, she need not do so. The clerk of the court is DIRECTED to arrange for the Federal Defender to receive a copy of this order. Signed by Honorable Judge Myron H. Thompson on 6/7/2016. Copy provided electronically to Federal Defender. (dmn, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION ) ) ) ) ) ) ) ) ) LEE RANDLE SUMMERS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. CIVIL ACTION NO. 2:16cv396-MHT (WO) JOHNSON ORDER Because the Federal Defender has been appointed to “represent any defendant sentenced in this district who was previously appointment of determined counsel, or to have who is been entitled to now indigent, to determine whether the defendant may qualify for federal habeas relief under 28 U.S.C. § 2255 or 28 U.S.C. § 2241 in light of Johnson v. United States, 135 S. Ct. 2551 (2015),” see Misc. Order No. 2:16-mc-3744-WKW; and because the petitioner seeks to raise a Johnson claim, it is ORDERED as follows: (1) The Federal Defender is appointed to represent the petitioner and to take all appropriate future action as is necessary. (2) If, for whatever reason, the Federal Defender does not wish to represent petitioner, she can file an appropriate motion to withdraw. If the Federal Defender does not think it prudent to state explicitly the reason for the withdrawal, she need not do so. The clerk of the court is DIRECTED to arrange for the Federal Defender to receive a copy of this order. DONE, this the 7th day of June, 2016. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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