HORTON v. U.S., 5:08-CR-00060-F-1 (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150918i39
Visitors: 8
Filed: Sep. 16, 2015
Latest Update: Sep. 16, 2015
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Objections [DE-165] to the Order and Memorandum and Recommendation [DE-164] ofUnited States Magistrate Judge Kimberly A. Swank, regarding Timothy Tyrone Horton's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-153]. In his Objections, Horton requests an additional ninety (90) days to amend his 2255 motion to include new claims of ineffective assistance of counsel. Objections [
Summary: ORDER JAMES C. FOX , Senior District Judge . This matter is before the court on Objections [DE-165] to the Order and Memorandum and Recommendation [DE-164] ofUnited States Magistrate Judge Kimberly A. Swank, regarding Timothy Tyrone Horton's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 [DE-153]. In his Objections, Horton requests an additional ninety (90) days to amend his 2255 motion to include new claims of ineffective assistance of counsel. Objections [D..
More
ORDER
JAMES C. FOX, Senior District Judge.
This matter is before the court on Objections [DE-165] to the Order and Memorandum and Recommendation [DE-164] ofUnited States Magistrate Judge Kimberly A. Swank, regarding Timothy Tyrone Horton's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 [DE-153]. In his Objections, Horton requests an additional ninety (90) days to amend his § 2255 motion to include new claims of ineffective assistance of counsel. Objections [DE-165] at 2-5. The Government argues that these claims would be untimely and do not "relate back" under Federal Rule of Civil Procedure 15(c)(l). Response [DE-166] at 1-2. The court cannot make a determination on whether Horton's claims relate back to his timely-filed § 2255 motion until the claims are filed. Accordingly, Horton shall have ninety (90) days to file his motion to amend.
SO ORDERED.
Source: Leagle
