Ubele v. United States Of America

Filing 9

ORDER vacating 3 Report and Recommendations and directing the Government to file a response within 30 days of the date this Order is served; denying as moot 8 Motion to Supplement; denying 7 Motion to Appoint Counsel. Signed by Magistrate Judge G. R. Smith on 1/18/17. (jlm)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION DONALD L. UBELE, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CV416-143 CR405-012 ORDER Because the Eleventh Circuit has granted Donald L. Ubele leave to file a successive 28 U.S.C. § 2255 motion, CR405-012, doc. 179, the Court VACATES its Report and Recommendation, doc. 172, and DIRECTS the Government to file a response to his § 2255 motion (doc. 170) within 30 days of the date this Order is served. The Court DENIES as moot Ubele’s Motion to Supplement (doc. 178), in which he presents further briefing (he is free to file as many briefs as he wants whenever he wants). Finally, the Court DENIES his motion for appointment of counsel (doc. 177), as he has demonstrated an ability to represent himself here, though the Court will be open to reconsideration after the Government files its response brief. SO ORDERED , 18th day of January, 2017. UNITED STATES MAGISTRATT JUDGE SOUTFEEIU'T DISTRICT OF GEORGIA

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