Glass v. Thomas et al

Filing 15

ORDER-re: R&R 14 . The court hereby ADOPTS the report of the magistrate judge. The court further ACCPETS the recommendations that a hearing be held regarding the issues further set out in this order. This matter is REFERRED back to the magistrate judge to hold an evidentiary hearing regarding the issues, after which the magistrate judge will enter a supplemental report and recommendation. Signed by Judge Robert B Propst on 3/20/2013. (AVC)

FILED
2013 Mar-20 PM 01:05
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
JASPER DIVISION
TROY CLAMMON GLASS,
Petitioner
v.
WARDEN WILLIE THOMAS and
THE ATTORNEY GENERAL
OF THE STATE OF ALABAMA,
Respondents

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Case No. 6:11-cv-01178-HGD

ORDER
On February 15, 2013, the magistrate judge’s report and recommendation was
entered and the parties were allowed therein fourteen (14) days in which to file
objections to the recommendations made by the magistrate judge. To date, no
objections have been filed by petitioner or respondents.
After careful consideration of the record in this case and the magistrate judge’s
report and recommendation, the court hereby ADOPTS the report of the magistrate
judge. The court further ACCEPTS the recommendations of the magistrate judge that
a hearing be held regarding the issues (1) whether petitioner timely advised his
counsel to file a notice of appeal; (2) if not, then whether the facts and circumstances

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of his plea and sentencing were such that counsel’s failure to consult with petitioner
about an appeal was ineffective assistance; (3) whether petitioner filed a timely notice
of appeal pro se; and (4) whether petitioner was made any promises by either the
State or his own attorney reflecting the existence of an agreement to impose a
particular sentence.
This matter is REFERRED back to the magistrate judge to hold an evidentiary
hearing regarding the issues set out above, after which the magistrate judge will enter
a supplemental report and recommendation.
DONE this 20th day of March, 2013.

ROBERT B. PROPST
SENIOR UNITED STATES DISTRICT JUDGE

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