Clark v. United States of America, No. 1:2008cv00116 - Document 9 (S.D. Ga. 2009)
Court Description: ORDER adopting 7 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 (CR106 -140, doc. no. 78); 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. The Petitioner shall have ten (10) days from the date of entry of the J&C to file a notice of appeal. Signed by Judge Dudley H. Bowen on 04/02/09. (thb) Modified on 4/3/2009 (thb). (Additional attachment(s) added on 4/3/2009: # 1 Fax Receipt) (thb).
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Clark v. United States of America Doc. 9 FILED L'c rsTC3jRT ........... FOR THE SOUTHERN DISTRICT OF GEORGIA AUGUSTA DIVISION 2mAPR-2 PM :28 CLER4. TREMAYNE CLARK, Petitioner, V. CV 108-116 (Fomierly CR 106-140) UNITED STATES OF AMERICA, Respondent. ORDER After a careful, de novo 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 106-140, doe. no. 78). Simultaneouswiththe 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 I & C (j, doc. no. 78), save only for the date of entry. Petitioner is HEREBY ADVISED that with the entry of the new J & C, he shall 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 Dockets.Justia.com 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 ofPetitioner. This Order and the new J & C shall be served on counsel of ord by facsipile and by United States mail. SO OED thisJ_, 2009, at Augmsta, Georgia. 1 The Court notes that Attorney Laurel Landon has been appointed, under the Criminal Justice Act, to represent Petitioner on direct appeal. (CR 106-140, doc. no. 94). 2
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