Hall v. United States Of America

Filing 28

ORDER ADOPTING 26 Report and Recommendations, denying as moot 11 Motion to Dismiss filed by United States Of America. The Court vacates Petitioner's judgment in the underlying criminal cases, 118cr55 and 119cr001. The Court enters a new judgment in these cases, identical in every respect, save only for the entry date. Attorney Jesse Owen is now terminated as CJA counsel on this case and shall submit his voucher within 10 days. This case stands closed. Signed by Chief Judge J. Randal Hall on 3/31/2021. (pts)

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IN THE UNITED STATES DISTRICT COURT U.S.DiS i .'iiur UOURT FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA 01V. AUGUSTA DIVISION DARON LORENZO ITALL Petitioner, V. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) im MAR 3 f P 2: 2! ...Li. li I GA. CV 120-093 (Formerly CR 118-055 & CR 119-001) ORDER After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion. Therefore, the Court DENIES AS MOOT Respondent’s motion to dismiss, (doc. no. 11), GRANTS Petitioner’s § 2255 motion as to the out-of-time appeal, and DISMISSES without prejudice all other claims raised in the § 2255 motion. The Court VACATES Petitioner’s judgment in the underlying criminal cases. CR 118-055, doc. no. 50; CR 119-001, doc. no. 18. Simultaneous with the entry of this Order, the Court is entering a new Judgment in a Criminal Case that reimposes the same sentence, identical in all respects to the original Judgment, save only for the date of entry. The Court HEREBY ADVISES Petitioner that with the entry of the new Judgment, he shall have all the rights associated with an appeal from any criminal sentence. The Court also specifically advises Petitioner that the entry of the new Judgment creates a fourteen-day period within which Petitioner may prosecute a direct appeal of his criminal convictions. Thus, Petitioner shall have fourteen days from the date of entry of the Judgment to file a notice of appeal. Attorney Jesse W. Owen has been appointed to represent Petitioner on direct appeal. ^ CR 118-055, doc. no. 81; CR 119-001, doc. no. 45. The Court now terminates the appointment of Mr. Owen with respect to the § 2255 proceedings and directs him to submit his voucher for those services within ten days of the date of this Order. Finally, the Court DIRECTS the Clerk to CLOSE this civil action and ENTER an appropriate final judgment in this civil case in favor of Petitioner. SO ORDERED this of March, 2021, at Augusta, Georgia. J. RANDM: .LL, CHffiF JUDGE UNITED SPATES DISTRICT COURT DISTRICT OF GEORGIA 2

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