Castillo v. United States of America

Filing 40

ORDER adopting in part 27 Report and Recommendations; denying 31 Motion for Docket Sheets ; denying as moot 33 Motion to Amend/Correct; granting in part 35 Motion to Amend/Correct; denying 37 Motion for Copies of Docket Sheets; denying as moot 38 Motion for Status; denying as moot 39 Motion for Leave of Absence and Motion for a Status Report; and denying a COA. The Court closes this civil action and enters a final judgment in favor of Respondent. The Court directs the Clerk to docket Petitioner's amended § 2255 motion (doc. no. 36) as to CR113-199 in a new civil case with a nunc pro tunc filing date of November 5, 2015. Signed by Judge Dudley H. Bowen on 10/27/2016. (thb) Modified on 10/27/2016 (thb).

FILED

U.S. DISTRICT COURT
AUGUSTA DIV.
IN THE UNITED STATES DISTRICT COURT

20i6OCT27 PH 2: 1^4
FOR THE SOUTHERN DISTRICT OF GEORGIA
CLERK.
AUGUSTA DIVISION

SO.DIST. OFGA,

CHARLES HENRY CASTILLO,
Petitioner,
CV 115-134

V.

(Formerly CR 114-059 & CR 113-199)
UNITED STATES OF AMERICA,

Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs in part with the

Magistrate Judge's Report and Recommendation, to which objections have been fded. (Doc.
no. 34.) For the reasons stated below, the Court DENIES Petitioner's motions for docket
sheets, to correct an error in his name, and for the status of his § 2255 motions (doc. nos. 31,

33, 37, 38, 39), DIRECTS THE CLERK to docket Petitioner's amended 28 U.S.C. § 2255
motion challenging his conviction in CR 113-199 (doc. no. 36) in a new civil case with a
nimc pro tune filing date of November 5, 2015, GRANTS IN PART Petitioner's motion to

amend his § 2255 motion challenging his conviction in CR 114-059 as to claim one only
(doc. no. 35), ADOPTS the findings of the Magistrate Judge recommending Petitioner's §
2255 motion challenging his conviction in CR 114-059 be dismissed, and DISMISSES the
motion without an evidentiary hearing.
I.

PROCEDURAL BACKGROUND

Petitioner moves under 28 U.S.C. § 2255 to vacate, set aside, or correct his