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15-153 - Arender v. USA


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15-153 - Arender v. USA
September 14, 2016
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MEMORANDUM AND ORDER re:14 MOTION for Leave to Supplement his 2255 Motion filed by Petitioner James Andrew Arender, 11 MOTION to Withdraw as Attorney filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that counsel's motion to withdraw [ECF No. 11] is DENIED. IT IS FURTHER ORDERED that counsel must file an amended motion to vacate within forty-five (45) days of the date of this Order. IT IS FURTHER ORDERED that Movant's motion to supplement [ECF No. 14] is GRANTED. (Amended/Supplemental Pleadings due by 10/31/2016.) Signed by District Judge Audrey G. Fleissig on 9/14/16. (CSG)
December 1, 2016
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MEMORANDUM AND ORDER re:19 MOTION to Expedite filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner's motion to expedite, filed his criminal proceeding, Case No. 1:12-cr-00111-AGF (Doc. No. 74), is GRANTED as set forth below. IT IS FURTHER ORDERED the Clerk of Court shall notify the United States Probation Office of movant's § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (2015). IT IS FURTHER ORDERED that, within forty-five (45) days of the date of this Memorandum and Order, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to movant's contentions under Johnson, whichshall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Probation Office's Disclosure Copy of the Resentence Report, the parties shall file, in movant's criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the United States Probation Office shall file a final copy of the Resentence Report in movant's criminal case. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final Resentence Report by the Probation Office in the criminal case, the Government shall file its response to movant's motion to vacate in this case.IT IS FURTHER ORDERED that any reply to the Governments response to themotion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. IT IS FURTHER ORDERED that, absent extreme good cause, no extensions of time will be granted. Signed by District Judge Audrey G. Fleissig on 12/1/16. (CSG)
February 9, 2017
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MEMORANDUM AND ORDER re:21 First MOTION to Amend/Correct 17 First AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner's motion for leave to file a second amended § 2255 petition is GRANTED. (Doc. No. 21.) Petitioner shall file his second amended petition and request for stay no later than seven (7) days from the date of this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 2/9/17. (CSG)
April 3, 2017
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dge Audrey G. Fleissig on 4/3/17. (CSG)MEMORANDUM AND ORDER re:17 First AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner James Andrew Arender, 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner James Andrew Arender, 25 Second AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner James Andrew Arender's motion filed under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability shall issue with respect to Petitioner's claim regarding his Tennessee aggravated burglary conviction. A separate Judgment shall accompany this Memorandum and Order. Signed by District Ju