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)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
DONALD L. UBELE,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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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