Davis v. United States of America (INMATE 3)

Filing 4

JOHNSON ORDER directing 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, as further set out in order; directing the clerk to arrange for the Federal Defendant to receive a copy of this order. Signed by Honorable Judge Myron H. Thompson on 6/13/16. (djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

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DEANDREW CORTEZ DAVIS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

CIVIL ACTION NO.
2:16cv425-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 13th day of June, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE