Darby v. United States of America(INMATE3)

Plaintiff: Marvin Darby
Defendant: United States of America
Case Number: 2:2009cv00052
Filed: January 22, 2009
Court: Alabama Middle District Court
Office: Prisoner: Vacate Sentence Office
County: Bullock
Presiding Judge: W. Harold Albritton
Referring Judge: Susan Russ Walker
Nature of Suit: None
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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Date Filed#Document Text
March 31, 2011 27 Opinion or Order of the Court 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 22 Opinion or Order of the Court 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 17 Opinion or Order of the Court 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 3 Opinion or Order of the Court 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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Plaintiff: Marvin Darby
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