McMurray v. United States of America
| Tyrone McMurray |
| United States of America |
| 3:2012cv00310 |
| March 27, 2012 |
| US District Court for the Middle District of Tennessee |
| Nashville Office |
| Davidson |
| Aleta A. Trauger |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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| Document Text |
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Filing
35
MEMORANDUM OPINION OF THE COURT AND ORDER: For the reasons expressed herein and in the courts previous Memorandum (Docket No. 17), it is hereby ORDERED that the defendants motion pursuant to 28 U.S.C. § 2255 is DENIED. It is so ORDERED. ENTER this 24th day of August 2012. Signed by District Judge Aleta A. Trauger on 8/24/2012. (xc:Pro se party by regular and certified mail.)(eh)
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Filing
17
MEMORANDUM OPINION OF THE COURT: Movant Tyrone McMurray, a federal prisoner presently housed at the Federal Correctional Institute in Marianna, Florida, brings this pro se action pursuant to 28 U.S.C. § 2255 to set aside, vacate and correct an a llegedly illegal sentence imposed by this court on December 8, 2011. For the reasons set forth herein, the court finds that an evidentiary hearing is required to resolve the question of whether Mr. McMurray did or did not expressly direct his trial c ounsel to file a notice of appeal after entry of judgment in December 2011. Because an evidentiary hearing is required, Mr. McMurray is entitled to be represented by counsel at such a hearing. Rule 8(c), Rules Gov'g § 2254 Cases. An approp riate order will enter, setting this matter for a hearing and directing the appointment of counsel for Mr. McMurray. An appropriate order will enter. Signed by District Judge Aleta A. Trauger on 5/25/2012. (xc:Pro se party by regular and certified mail.)(eh)
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Filing
3
ORDER: The movant, proceeding pro se, has filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence 1 . The court has examined the motion, as required by Rule 4(b) of the Rules Governing Section 2255 Proceedings, and d etermined that it is not readily apparent on the face of the motion that the movant is not now entitled to relief. Accordingly, the Clerk is directed to serve a copy of the motion and this order by certified mail on the United States Attorney. The Un ited States Attorney for this judicial district shall file an answer, plead, or otherwise respond to the motion in conformity with Rule 5 of the Rules Governing Section 2255 Proceedings within 30 days of the date of entry of this Order. Signed by District Judge Aleta A. Trauger on 4/5/12. (xc:Pro se party and U.S. Attorney by regular and certified mail.)(dt)
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| Respondent: United States of America | |
| Represented By: | Brent Adams Hannafan |
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| Petitioner: Tyrone McMurray | |
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