Middleton v. United States Of America

Filing 29

ORDER re 27 Response, filed by United States Of America, 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Tyrone Middleton. The Court: (1) GRANTS Ground One of Tyrone Middleton's 28 U.S.C. § 2255 Motion, which the Co urt construes as a request to file an out-of-time appeal; (2) DISMISSES without prejudice all other claims Middleton raises in his Motion and DENIES as moot all other pending Motions associated with Middleton's § 2255 proceedings, dkt. nos. 17 , 20 , 23 , 28 ; (3) VACATES the judgment in Middleton's criminal case, Crim. Case, dkt. no. 702, RE-IMPOSES the identical sentence, and CLOSES this 2255 case; and (4) DIRECTS U.S. Magistrate Judge Benjamin Cheesbro to appoint counsel under the CJA to assist Middleton with his direct appeal; and (5) ADVISES Middleton as follows in this Order. Signed by Judge Lisa G. Wood on 7/31/2020. (ca) Modified on 7/31/2020 (ca).

Case 2:18-cv-00006-LGW-BWC Document 29 Filed 07/31/20 Page 1 of 8

FILED
John E. Triplett, Acting Clerk
United States District Court

By CAsbell at 12:33 pm, Jul 31, 2020

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