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14-290 - USA v. McKathan


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14-290 - USA v. McKathan
April 12, 2016
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ORDER entered re 51 MOTION to Vacate under 28 U.S.C. 2255 filed by Denzil Earl McKathan. Evidentiary Hearing set for 8/11/2016 09:00 AM in US Courthouse, Courtroom 3A, 113 St. Joseph Street, Mobile, AL 36602 before Magistrate Judge William E. Cassady. Arthur Madden, Esquire, is hereby appointed to represent petitioner in connection with the August 11, 2016 evidentiary hearing and should file a notice of appearance as counsel of record for Mr. McKathan not later than April 26, 2016. The Clerk of Court is directed to add Mr. Madden to the service list and to serve all filings by the Government and orders from this Court on both petitioner and Mr. Madden. All future filings on behalf of the petitioner are to be made by counsel and, to this end, Mr. Madden is ORDERED to file an amended § 2255 motion not later than June 3, 2016 and therein identify all claims of ineffective assistance of counsel which petitioner wishes to pursue during the evidentiary hearing. The August 11, 2016 evidentiary hearing will be limited in scope to those claims raised in the amended § 2255 petition. A separate Writ of Habeas Corpus Ad Prosequendum will issue to arrange for McKathan's presence at the hearing. Signed by Magistrate Judge William E. Cassady on 4/12/2016. copy of order mailed to petitioner (mcb)
July 18, 2017
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ORDER entered DENYING 99 Motion to Vacate and GRANTING Petitioner's request for a Certificate of Appealability as to Denzil Earl McKathan. It also appears that if Petitioner chooses to appeal the denial of his 28 U.S.C. § 2255 motion, it would be in good faith. As such, he would be entitled to do so in forma pauperis. Signed by Chief Judge Kristi K. DuBose on 7/18/2017. (mcb)