Filed: Feb. 10, 2016
Latest Update: Feb. 10, 2016
Summary: MEMORANDUM AND ORDER HARRY S. MATTICE, Jr. , District Judge . Before the Court is a pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 filed by Jeffery Smith ("Petitioner") [Doc. 31]. The government filed an initial response on August 22, 2014 [Doc. 35]. During pendency of the action, Petitioner has filed three motions to amend his original petition [Docs. 39, 40, 42], one motion requesting copies of the court record [Doc. 37], and one motion requesting th
Summary: MEMORANDUM AND ORDER HARRY S. MATTICE, Jr. , District Judge . Before the Court is a pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255 filed by Jeffery Smith ("Petitioner") [Doc. 31]. The government filed an initial response on August 22, 2014 [Doc. 35]. During pendency of the action, Petitioner has filed three motions to amend his original petition [Docs. 39, 40, 42], one motion requesting copies of the court record [Doc. 37], and one motion requesting the..
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MEMORANDUM AND ORDER
HARRY S. MATTICE, Jr., District Judge.
Before the Court is a pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 filed by Jeffery Smith ("Petitioner") [Doc. 31]. The government filed an initial response on August 22, 2014 [Doc. 35]. During pendency of the action, Petitioner has filed three motions to amend his original petition [Docs. 39, 40, 42], one motion requesting copies of the court record [Doc. 37], and one motion requesting the appointment of counsel [Doc. 43]. In the most recent motion to amend, Petitioner cites the United States Supreme Court's decision in Johnson v. United States, 135 S.Ct. 2551 (2015), as a novel ground for collateral relief [Doc. 42]. Accordingly, the United States is ORDERED to file a response addressing all of the foregoing motions within thirty (30) days of entry of this order.
IT IS SO ORDERED.
