Leatherwood v. USA (PLR2)

Leatherwood v. USA (PLR2)

Petitioner:	Reginald Leatherwood
Respondent:	USA
Case Number:	3:2017cv00277
Filed:	June 23, 2017
Court:	US District Court for the Eastern District of Tennessee
Office:	Knoxville Office
County:	Knox
Presiding Judge:	Pamela L Reeves
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
June 17, 2020	Filing 5 MEMORANDUM AND ORDER as to Reginald Leatherwood (1): Mr. Leatherwood's motion to amend or alter the Court's judgment [D. 44] is GRANTED in part. Case number 3:12-CV-218 is REOPENED pending resolution of the sole remaining claim - whether counsel was ineffective by failing to file a direct appeal. A ruling on this claim is held in abeyance pending an evidentiary hearing on the matter. It is hereby ORDERED that, pursuant to Rule 8(c) of the Rules G overning Section 2255 Proceedings, Mr. Leatherwood shall be appointed counsel to represent him in this matter. Appointment of counsel is REFERRED to the Honorable Debra C. Poplin, United States Magistrate Judge, to APPOINT counsel to r epresent Mr. Leatherwood as stated herein. The Court lacks jurisdiction to award or adjust any credit Mr. Leatherwood receives for time spent in state custody. Consequently, Mr. Leatherwood's motions for jail credit [D. 54, 55] are DENIED . Lastly, Mr. Leatherwood's latest § 2255 motion [D. 53], docketed in Case Number 3:17-CV-277, is construed as a motion to amend his original § 2255 motion in Case Number 3:12-CV-218, and is DENIED. The Clerk is DIRECTED to CLOSE the civil case associated with Petitioner's latest § 2255 motion at No. 3:17-CV-277. Signed by District Judge Pamela L Reeves on June 17, 2020. (copy mailed to Reginald Leatherwood #16125-074 FCI YAZOO CITY MEDIUM, Inmate Mail/Parcels, PO BOX 5888, YAZOO CITY, MS 39194) (AYB)

Date Filed

Document Text

June 17, 2020

Filing 5 MEMORANDUM AND ORDER as to Reginald Leatherwood (1): Mr. Leatherwood's motion to amend or alter the Court's judgment [D. 44] is GRANTED in part. Case number 3:12-CV-218 is REOPENED pending resolution of the sole remaining claim - whether counsel was ineffective by failing to file a direct appeal. A ruling on this claim is held in abeyance pending an evidentiary hearing on the matter. It is hereby ORDERED that, pursuant to Rule 8(c) of the Rules G overning Section 2255 Proceedings, Mr. Leatherwood shall be appointed counsel to represent him in this matter. Appointment of counsel is REFERRED to the Honorable Debra C. Poplin, United States Magistrate Judge, to APPOINT counsel to r epresent Mr. Leatherwood as stated herein. The Court lacks jurisdiction to award or adjust any credit Mr. Leatherwood receives for time spent in state custody. Consequently, Mr. Leatherwood's motions for jail credit [D. 54, 55] are DENIED . Lastly, Mr. Leatherwood's latest § 2255 motion [D. 53], docketed in Case Number 3:17-CV-277, is construed as a motion to amend his original § 2255 motion in Case Number 3:12-CV-218, and is DENIED. The Clerk is DIRECTED to CLOSE the civil case associated with Petitioner's latest § 2255 motion at No. 3:17-CV-277. Signed by District Judge Pamela L Reeves on June 17, 2020. (copy mailed to Reginald Leatherwood #16125-074 FCI YAZOO CITY MEDIUM, Inmate Mail/Parcels, PO BOX 5888, YAZOO CITY, MS 39194) (AYB)

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Respondent: USA
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Petitioner: Reginald Leatherwood
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