Kizziah v. United States of America
Carl Billy Wade Kizziah, Jr |
United States of America |
7:2023cv08032 |
September 14, 2023 |
US District Court for the Northern District of Alabama |
L Scott Coogler |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
None |
Docket Report
This docket was last retrieved on September 27, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 3 ORDER - On August 15, 2023, Carl Billy Kizziah filed with the Clerk of Court a motion pursuant to 28 U.S.C. 2255 (7:23-cv-8026-LSC). On September 14, 2023, another 2255 motion was filed by the Petitioner under a difference case number (7:23-cv-8032-LSC). This Court has found the only difference between the two motions is that 7:23-cv-8032-LSC contains two pages of facts not present in his initial motion in 7:23-cv-8026-LSC. Thus, this Court will construe the new filing as an attempt to amend the initial motion. Because the only addition in his second petition is two pages of facts relevant to the "conduct, transaction, or occurrence" set out in his initial 2255 motion, this Court finds it is a valid amendment to the initial pleading. Therefore, the Clerk is DIRECTED to close the second case (7:23-cv-8032-LSC) and file the initiating document as an amended petition in the original case (7:23-cv-8026-LSC). Signed by Judge L Scott Coogler on 9/27/2023. (MEB2) |
Filing 2 NOTICE re: case number as to Carl Billy Wade Kizziah, Jr. (KSS) |
Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by Carl Billy Wade Kizziah, Jr. (Attachments: #1 Exhibit Brief)(KSS) |
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Petitioner: Carl Billy Wade Kizziah, Jr | |
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Respondent: United States of America | |
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