Rendon v. United States of America

Filing 6

ORDER granting 5--motion for reconsideration re 3--order dismissing action. Doc. 3 is VACATED. The Clerk shall RE-OPEN this action; SERVE a copy of the § 2255 motion on the United States. United States shall show cause within 60 days why relief should not be granted. See order for details. Signed by Judge Steven D. Merryday on 6/12/2005. (BK)

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Rendon v. United States of America Doc. 6 Case 8:05-cv-00840-SDM-MAP Document 6 Filed 06/13/2005 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION UNITED STATES OF AMERICA, v. GEOVANNI QUINTERO-RENDON, / ORDER Quintero-Rendon's motion to vacate sentence pursuant to 28 U.S.C. 2255 (Doc. 1) was initially dismissed (Doc. 3) because, according to the information in the motion, it was time-barred. In calculating the limitations period, the ninety-day period to file a petition for writ of certiorari was not counted, in accordance with Clay v. United States, 537 U.S. 522 (2003). Quintero-Rendon seeks reconsideration (Doc. 5) and provides an attachment showing that he actually filed a petition for writ of certiorari, which he did not disclose in his motion to vacate sentence. Based on the date of denial of his petition for certiorari (May 3, 2004), the motion to vacate sentence is not timebarred. Case No. 8:01-cr-190-23MAP 8:05-cv-840-T-23MAP Case 8:05-cv-00840-SDM-MAP Document 6 Filed 06/13/2005 Page 2 of 2 Accordingly, the motion for reconsideration (Doc. 5) is GRANTED. The prior order (Doc. 3) and judgment (Doc. 4) are STRICKEN. ORDERED in Tampa, Florida, on June 12, 2005. SA/ro -2-

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