Taylor v. USA, No. 5:2006cv00100 - Document 2 (W.D.N.C. 2006)

Court Description: ORDER granting Motion to Vacate, Set Aside or Correct Sentence (2255)as to Richard Len Taylor Jr. but only for the purpose of allowing petr to timely appeal his case; petr's original Judgment is VACATED due to cnsl's failure to timely file appeal as requested by petr; Clerk is directed to prepare new Judgment w/ same sentences and conditions as indicated on original Judgment form; petr may appeal from his new Judgment as has been explained in this Order; if cnsl for Govt. is aware that former defense cnsl has in his possession a dcmt which affirmatively establishes that petr advised cnsl that he did not want to appeal, cnsl for Govt may present such evidence to court by way of appropriate request for reconsideration. Signed by Judge Richard Voorhees on 8/16/2006. (cbb). Signed by Judge Richard Voorhees on 8/16/2006. (cbb)