COOKS v. U.S., CR 112-254 (2014)
Court: District Court, S.D. Georgia
Number: infdco20140829m00
Visitors: 3
Filed: Aug. 27, 2014
Latest Update: Aug. 27, 2014
Summary: ORDER J. RANDALL HALL, District Judge. Presently pending before the Court is Petitioner's motion to reopen. (Crim. Doc. no. 41; Civ. Doc. no. 7.) On April 8, 2014, Petitioner filed a motion to vacate under 28 U.S.C. 2255. Thereafter, the Magistrate Judge entered a Report and Recommendations ("R&R") recommending dismissal of the section 2255 motion and an Order directing service of the R&R. The docket reflects that the R&R was mailed to Petitioner at FCI Edgefield. No objections were made and
Summary: ORDER J. RANDALL HALL, District Judge. Presently pending before the Court is Petitioner's motion to reopen. (Crim. Doc. no. 41; Civ. Doc. no. 7.) On April 8, 2014, Petitioner filed a motion to vacate under 28 U.S.C. 2255. Thereafter, the Magistrate Judge entered a Report and Recommendations ("R&R") recommending dismissal of the section 2255 motion and an Order directing service of the R&R. The docket reflects that the R&R was mailed to Petitioner at FCI Edgefield. No objections were made and ..
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ORDER
J. RANDALL HALL, District Judge.
Presently pending before the Court is Petitioner's motion to reopen. (Crim. Doc. no. 41; Civ. Doc. no. 7.) On April 8, 2014, Petitioner filed a motion to vacate under 28 U.S.C. § 2255. Thereafter, the Magistrate Judge entered a Report and Recommendations ("R&R") recommending dismissal of the section 2255 motion and an Order directing service of the R&R. The docket reflects that the R&R was mailed to Petitioner at FCI Edgefield. No objections were made and the Court adopted the R&R on May 23, 2014. Judgment was entered the same day. On June 12, 2014, Petitioner filed a sworn and notarized motion to reopen, stating that he was never served the R&R and requesting renewed service and an opportunity to object.
Upon due consideration and in an abundance of caution to ensure Petitioner an opportunity to be heard, Petitioner's motion to reopen (Crim. Doc. no. 41; Civ. Doc. no. 7) is GRANTED. The Judgment dismissing the section 2255 motion (Crim. Doc. no. 40; Civ Doc. no. 6) is hereby VACATED, and this case is REOPENED. The CLERK is DIRECTED to re-serve upon Plaintiff the April 25, 2014 R&R and accompanying Order (Crim. Doc. nos. 37, 38; Civ. Doc. nos. 3, 4) and serve this Order. Petitioner shall have 21 days from the date of this Order to file objections to the R&R.
Source: Leagle
