O'Leary v. USA

Filing 2

ORDER that no later than thirty (30) days from entry of this Order, the Federal Defenders of Western North Carolina may file a supplement, if any, to the Petitioner's motion to vacate. Signed by District Judge Martin Reidinger on 07/04/16. (Pro se litigant served by US Mail.)(emw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00225-MR
[CRIMINAL CASE NO. 1:08-cr-00082-MR-3]
DONALD GERARD O’LEARY,

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Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.
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________________________________ )

ORDER

THIS MATTER is before the Court on Petitioner’s “Motion/Request for
Appointed Counsel and Motion/Request to Proceed with Consideration,”
which the Court construes as a motion to vacate pursuant to 28 U.S.C. §
2255. [Doc. 1]. Petitioner seeks relief under Johnson v. United States, 135
S. Ct. 2551 (2015).
On November 17, 2015, the judges of this Court issued a Standing
Order appointing the Federal Defenders of Western North Carolina to
represent any defendant who was previously determined to have been
entitled to appointment of counsel, or who is now indigent, to determine
whether that defendant is eligible for relief under Johnson. Standing Order
in re: Johnson v. United States, No. 3:13-mc-00196-FDW (W.D.N.C. Nov.

17, 2015). The Petitioner was previously determined to be indigent. As the
Petitioner appears to fall within the purview of this Court’s Standing Order,
the Court will allow the Federal Defender thirty (30) days to review the
Petitioner’s case and to file a supplement, if any, to the Petitioner’s motion
to vacate.
IT IS, THEREFORE, ORDERED that no later than thirty (30) days from
entry of this Order, the Federal Defenders of Western North Carolina may
file a supplement to the Petitioner’s motion to vacate.
The Clerk of Court is respectfully directed to provide a copy of this
Order to the Petitioner and the Federal Defenders of Western North Carolina.
IT IS SO ORDERED.

Signed: July 4, 2016

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