Ivey v. United States of America

Filing 6

ORDER DIRECTING CLERK TO DOCKET § 2255 MOTION IN CASE NO. 16-1303 AS A SUPPLEMENTAL MOTION IN CASE NO. 16-1008 AND TO CLOSE DUPLICATE CASE NO. 16-1303. Signed by Judge James D. Todd on 1/18/17. (Todd, James)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TENNESSEE
EASTERN DIVISION
DENNIS JOEL IVEY,
Movant,
VS.
UNITED STATES OF AMERICA,
Respondent.

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No. 16-1008-JDT-egb
No. 16-1303-JDT-egb

ORDER DIRECTING CLERK TO DOCKET § 2255 MOTION IN CASE NO. 16-1303
AS A SUPPLEMENTAL MOTION IN CASE NO. 16-1008 AND
TO CLOSE DUPLICATE CASE NO. 16-1303

On January 13, 2016, Movant Dennis Joel Ivey, acting pro se, filed a motion for leave
to file a successive motion pursuant to 28 U.S.C. § 2255. The document was construed as
a § 2255 motion and opened as case number 16-1008. Ivey sought to challenge his sentence
pursuant to the decision in Johnson v. United States, 135 S. Ct. 2551 (2015). On June 23,
2016, the Court transferred the § 2255 motion to the Sixth Circuit pursuant to 28 U.S.C.
§ 2244(b)(3). The Court of Appeals subsequently granted leave to file the motion and
remanded for further proceedings. See In re Ivey, No. 16-6052 (6th Cir. Oct. 27, 2016).
On November 25, 2016, Ivey filed another § 2255 motion, which was opened as case
number 16-1303. In that motion, Ivey contends that his sentence is invalid under both
Johnson and the later decision in Mathis v. United States, 136 S. Ct. 2243 (2016).

It appears the § 2255 motion opened as case number 16-1303 should have been
docketed as a supplemental motion in the prior proceeding rather than as a separate case.
Therefore, the Clerk is DIRECTED to docket the § 2255 motion in case number 16-1303 as
a supplemental § 2255 motion in case number 16-1008. The Clerk is further DIRECTED to
close duplicate case number 16-1303.
IT IS SO ORDERED.
s/ James D. Todd
JAMES D. TODD
UNITED STATES DISTRICT JUDGE

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