Howard v. United States of America (INMATE 3)
| Stephen Howard |
| United States of America |
| 3:2020cv00079 |
| February 4, 2020 |
| US District Court for the Middle District of Alabama |
| Charles S Coody |
| Myron H Thompson |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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Filing 7
JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court: (1) The United States Magistrate Judge's recommendation (doc. no. #3 ) is adopted. (2) The 28 U.S.C. 2255 motion (doc. no. #2 ) is dismissed because the required permission has not beenobtained from the Eleventh Circuit Court of Appeals. It is further ORDERED that costs are taxed against petitioner, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 3/13/2020. (Attachments: #1 Civil Appeals Checklist)(dmn, )
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| Filing 6 OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 3/13/2020. (dmn, ) |
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Filing 5
ORDER ON MOTION: The United States has filed a motion to withdraw counsel (Doc. #4 ), in which the Government requests that Assistant United States Attorney Kevin P. Davidson be allowed to withdraw as counsel for the Government in this matter. Upon consideration of the motion to withdraw counsel, and for good cause, it is ORDERED that this motion (Doc. #4 ) is GRANTED. Signed by Honorable Judge Charles S. Coody on 2/11/2020. (dmn, )
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| Filing 4 MOTION to Withdraw as Attorney by United States of America. (Davidson, Kevin) |
| Filing 3 RECOMMENDATION OF THE MAGISTRATE JUDGE that Howard's nominal #2 Rule 60(b) Motion be DISMISSED for lack of jurisdiction as a successive 2255 motion filed without the required appellate court authorization. Objections to R&R due by 2/28/2020. Signed by Honorable Judge Charles S. Coody on 2/11/2020. (dmn, ) |
| *** Attorney Kevin P Davidson terminated pursuant to Court #5 Order. (dmn, ) |
| Filing 2 MOTION to Vacate, Set Aside or Correct Sentence (2255) pursuant to FRCP 60(b)(6) with Incorporated Supporting Memorandum Brief, filed by Stephen Howard. (Attachments: #1 Criminal Judgment 3:15-cr-240-MHT, #2 Criminal Docket Sheet)(dmn, ) |
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Filing 1
COPY OF ORDER entered in Civil Action 3:15-cr-240-MHT directing the Clerk of Court to: (1) (1) strike the "Motion to Vacate Judgement Pursuant to Fed.R.Civ.P. 60(b)(6)," currently docketed as Doc. 100; (2) open a new civil action under 28 U.S.C. 2255 and docket this same motion in the newly opened civil action; (3) assign the newly opened civil action to the magistrate judge and district judge according to the court's procedures; and (4) refer the case file to the appropriate magistrate judge for further proceedings upon completion of the foregoing directives. Signed by Honorable Judge Charles S. Coody. (dmn, )
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| Plaintiff: Stephen Howard | |
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| Defendant: United States of America | |
| Represented By: | Jonathan S. Ross |
| Represented By: | Kevin P Davidson |
| Represented By: | Verne H. Speirs |
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