Dawson v. United States of America, No. 1:2008cv00142 - Document 8 (S.D. Ga. 2009)
Court Description: ORDER adopting 4 Report and Recommendations; granting Petitioner's § 2255 motion as to the out-of-time appeal; dismissing without prejudice as to all other claims; vacating Petitioner's judgment in the underlying criminal case (CR107 -129, doc. no. 63); directing the Clerk of Court to enter an final Judgment in this civil case in favor of Petitioner; directing the Clerk to serve this Order and the new J&C on counsel of record by facsimile and by U.S. mail; directing the Clerk to terminate Peitioner's motions for clarification (doc. nos. 6, 7). The Petitioner shall have ten (10) days from the date of entry of the J&C to file a notice of appeal. 6 Motion for clarification in matter concerning out-of-time appeal terminated; 7 Motion for clarification in matter concerning out-of-time appeal terminated. Signed by Judge Dudley H. Bowen on 04/02/09. (thb) (Additional attachment(s) added on 4/3/2009: # 1 Fax Receipt) (thb).
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Dawson v. United States of America Doc. 8 FILED iN THE UNiTED STATES DISTRICT COURT zrn APR -2 PM !: 27 FOR THE SOUTHERN DISTRICT OF GEORGIA I /. 1 CL ER AUGUSTA DIVISION 8 Ui O PATRICK L. DAWSON, Petitioner, CV 108-142 (Formerly CR 107-129) UNITED STATES OF AMERICA, Respondent. ORDER After a careful, de nova review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court.' Therefore, Petitioner's ยง 2255 motion is GRANTED as to the out-of-time appeal, and DISMISSED without prejudice as to all other claims. Petitioner's judgment in the underlying criminal case is VACATED. (CR 107-129, doc. no. 63). Simultaneous with the entry of this Order, the Court is entering a new Judgment and Commitment Order ("J & C") that reimposes the same sentence, identical in all respects to the original J & C (j4), save 'Petitioner filed two motions for clarification concerning the government's response to Petitioner's petition priorto receiving the Report and Recommendation. The issues raised in Petitioner's motions for clarification (how to proceed since the government agreed that he was entitled to an out-of-time appeal) were directly addressed in the Report and Recommendation that is now the opinion of this Court. Therefore, the CLERK is DIRECTED to terminate Plaintiff's motions for clarification (doc. nos. 6, 7) from the pending motions report. Dockets.Justia.com only for the date of entry. Petitioner is HEREBY ADVISED that with the entry of the new J & C, he shalT have all the rights associated with an appeal from any criminal sentence. The Court also specifically advises Petitioner that the entry of the new J & C creates a ten-day period within which Petitioner may prosecute a direct appeal of his criminal conviction. Thus, Petitioner shall have ten (10) days from the date of entry of the J & C to file a notice of appeal. Finally, the Clerk of Court is DIRECTED to CLOSE this civil action and ENTER an appropriate final judgment in this civil case in favor of Petitioner. This Order and the new J & C shall be served on counsel ()record by facsimile and by United States mail.2 SO ORDERED thi?4 y of April, 200 at Augusta, Georgia. ' UNITED STAT,S DISTRICT 2The Court notes that Attorney Christopher James Hudson has been appointed, under the Criminal Justice Act, to represent Petitioner on direct appeal. (CR 107-129, doc. no. 86). 2
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