Racey v. USA

Filing 25

JUDGMENT ORDER as to Raymond Racey (2). Petitioner Raymond Racey's motion 1 is GRANTED in part and DENIED in part. Racey's claim for relief due to his attorney's failure to file a notice of appeal as instructed is GRANTED. The judgment entered on October 15, 2015 (3:14-CR-89, Doc. 427 ) is VACATED, and the Clerk of Court is DIRECTED to RE-ENTER that judgment as of this date. Racey's claim for relief for ineffective assistance of counsel during the plea bargain process is DENIED. However, a certificate of appealability is GRANTED with respect to this claim. If Racey files a notice of appeal, he may proceed in forma pauperis. Signed by District Judge Pamela L. Reeves on 4/24/20.(ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
RAYMOND RACEY,

)
)
)
)
)
)
)
)
)

Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Nos. 3:16-CV-619/ 3:14-CR-89
REEVES/GUYTON

JUDGMENT ORDER
In accordance with the accompanying Memorandum Opinion, Petitioner Raymond
Racey’s motion [Doc. 1; 3:14CR-89 Doc. 527] is GRANTED in part and DENIED in part.
Racey’s claim for relief due to his attorney’s failure to file a notice of appeal as instructed
is GRANTED.

The judgment entered on October 15, 2015 [3:14-CR-89, Doc. 427] is

VACATED, and the Clerk of Court is DIRECTED to RE-ENTER that judgment as of this date.
Racey’s claim for relief for ineffective assistance of counsel during the plea bargain process
is DENIED. However, a certificate of appealability is GRANTED with respect to this claim. If
Racey files a notice of appeal, he may proceed in forma pauperis. 28 U.S.C. § 1915(a)(3); Fed. R.
App. P. 24. The Clerk of Court is further DIRECTED to close the civil case, Case No. 3:16-CV619.
IT IS SO ORDERED.

____________________________________________
CHIEF UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
/s/ JOHN L. MEDEARIS
CLERK OF COURT
1
Case 3:16-cv-00619-PLR-HBG Document 25 Filed 04/24/20 Page 1 of 1 PageID #: 100