Haddocks v. Lott
| McLane Haddocks, III |
| Warden B. Lott |
| 1:2022cv01956 |
| May 17, 2022 |
| US District Court for the Northern District of Georgia |
| Michael L Brown |
| Russell G Vineyard |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on May 19, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 6
ORDER: This action is recharacterized as a motion to vacate, filed under 2255, and that all further proceedings shall be filed and maintained in criminal action number 1:19-CR-0449-MLB-3. Haddocks is INSTRUCTED (1) that the recharacterization of his 2241 petition as a first 2255 motion means that any subsequent 2255 motion will be subject to the restrictions on second or successive motions, see 28 U.S.C. 2255(h); (2) that he shall have THIRTY (30) DAYS from the entry date of this Order in which to withdraw the construed 2255 motion or to submit an amended 2255 motion that contains all of the 2255 claims that Haddocks believes he has; and (3) that, if he chooses to amend, he should use the form 2255 motion provided by the Clerk of Court and caption it as an amendment to his motion to vacate in criminal action number 1:19-CR-0449- MLB-3. The Clerk of Court is DIRECTED to: (1) file in criminal action number 1:19-CR-0449-MLB-3 a copy of the construed 2255 motion, [Doc. #1 ], supporting memorandum, [Doc. 1-1], and this Order; (2) adjust the Court's docket to show that the instant civil action is a motion to vacate under 2255; (3) send Haddocks a form 2255 motion, for use by Haddocks should he wish to amend his construed motion to vacate; and (4) resubmit this matter to the assigned Magistrate Judge upon receipt of the amended motion to vacate or at the expiration of the above thirty-day time period. See document for further specifics. Signed by Magistrate Judge Russell G. Vineyard on 5/19/2022. (tmf)
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| Clerk's Certificate of Mailing as to McLane Haddocks, III re #6 Order, and blank 2255 form (tmf) |
| Filing 5 Case transferred in from District of North Carolina Eastern; Case Number 5:22-hc-02043. Original file certified copy of transfer order and docket sheet received. |
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Filing 4
ORDER - The court DIRECTS the Clerk of Court to TRANSFER this action to his sentencing court- the United States District Court for the Northern District of Georgia. Signed by District Judge Terrence W. Boyle on 5/17/2022. Copy of order sent to petitioner via U.S. Mail. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2022.]
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| Submission of #1 Petition for Writ of Habeas Corpus, to Magistrate Judge Russell G. Vineyard. (no filing fee or ifp) (aar) |
| Filing 3 Letter regarding case opening sent via U.S. Mail to McLane Haddocks, III, at Butner Medium II - F.C.I. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2022.] |
| Filing 2 Letter from Petitioner stating the $5.00 filing fee is being sent from his inmate trust account. (Indig, A.) [Transferred from North Carolina Eastern on 5/17/2022.] |
| Filing 1 PETITION for Writ of Habeas Corpus filed by McLane Haddocks, III. (Attachments: #1 Memorandum in Support, #2 Envelope) (Indig, A.) [Transferred from North Carolina Eastern on 5/17/2022.] |
| Case Submitted to District Judge Terrence W. Boyle for petition review. (Poole, A) [Transferred from North Carolina Eastern on 5/17/2022.] |
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| Petitioner: McLane Haddocks, III | |
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| Respondent: Warden B. Lott | |
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