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).