Harper v. USA

Filing 1

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Accordingly, the 28 U.S.C. § 2255 motion is DENIED and DISMISSED. Assuming the petition for certiorari is granted in that case, and the U.S. Supreme Court issues a ruling that (1) satisfies the require ments of 28 U.S.C. § 2255(f)(3) and (2) applies to the facts in Movants case, Movant may re-file his Section 2255 motion. The motion is DISMISSED WITH PREJUDICE in all other respects. Signed by Honorable Robert T. Dawson on October 19, 2010. (dmc)

Download PDF
Harper v. USA Doc. 1 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION UNITED STATES OF AMERICA v. RODNEY HARPER ORDER Now on this 19th day of October 2010, there comes on for consideration the report and recommendation filed herein on July 27, 2010, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. 113). (Doc. PLAINTIFF/RESPONDENT Civil No. 10-6053 Crim. No. 01-60020 DEFENDANT/MOVANT Also before the Court are Defendant's objections (docs. 114, 115 and 117). The court has reviewed this case de novo and, being well and sufficiently advised, finds as follows: The report and recommendation is proper and should be and hereby is adopted in its entirety. Accordingly, the 28 U.S.C. 2255 motion is The motion is DISMISSED WITHOUT PREJUDICE DENIED and DISMISSED. as to Movant's claim in connection with United States v. Almony, 598 F.3d 238 (6th Cir. 2010). Assuming the petition for certiorari is granted in that case, and the U.S. Supreme Court issues a ruling that (1) satisfies the requirements of 28 U.S.C. 2255(f)(3) and (2) applies to the facts in Movant's case, Movant may re-file his Section 2255 motion. The motion is AO72A (Rev. 8/82) Dockets.Justia.com DISMISSED WITH PREJUDICE in all other respects. IT IS SO ORDERED. /s/ Robert T. Dawson Honorable Robert T. Dawson United States District Judge AO72A (Rev. 8/82)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?