Darby v. United States of America(INMATE3)
||United States of America
||January 22, 2009
||Alabama Middle District Court
||Prisoner: Vacate Sentence Office
||W. Harold Albritton
||Susan Russ Walker
|Nature of Suit:
|Cause of Action:
||U.S. Government Defendant
|Jury Demanded By:
||28:2255 Motion to Vacate / Correct Illegal Sentenc
Available Case Documents
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|March 31, 2011
ORDER ACCEPTING 25 RECOMMENDATION: This Court hereby ADOPTS the findings of the Magistrate Judge. The Court further ACCEPTS the recommendations of the Magistrate Judge, and therefore ORDERS Petitioner's 1 Motion to set aside, vacate, or corr ect his sentence pursuant to 28 U.S.C. § 2255 is GRANTED in part and DENIED in part. Petitioner will be re-sentenced without the armed career criminal enhancement and with the benefit of any applicable reduction. Because Petitioners remaining cl aims are time-barred pursuant to the one-year limitation period applicable to §2255 motions, any further relief requested by Petitioner is denied. A separate order will be entered addressing Petitioners re-sentencing date. Signed by Honorable L. Scott Coogler on 3/31/2011. Copy furnished to JT. (dmn)
|November 2, 2010
ORDER; that on or before November 23, 2010, the government shall file a supplemental response as further set out. Signed by Honorable Susan Russ Walker on 11/2/2010. (jg, )
|March 26, 2009
ORDER TO SHOW CAUSE why his 28 U.S.C. 2255 motion should not be dismissed as it was not filed within the one-year limitation period established by the AEDPA; Show Cause Response due by 4/15/2009 for petitioner Darby. Signed by Honorable Susan Russ Walker on 3/26/2009. (cc, )
|January 23, 2009
ORDER: This court concludes that the the 1 Petition for Writ of Habeas Corpus filed by Marvin Darby should be construed as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255. ORDERED that on or before 2/12/2009, the petit ioner shall advise this court whether he seeks to: 1. Proceed before this court under 28 U.S.C. 2255 on the claims presented in the pleading (Doc. No. 1 ) filed on 1/22/2009; 2. Amend the motion to assert any additional claims under 28 U.S.C. 2255 on which he wishes to challenge the convictions and sentence imposed upon him by this court; or 3. Dismiss the motion. Signed by Honorable Susan Russ Walker on 1/23/2009. (dmn)
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