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14-100 - USA v. Brady

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14-100 - USA v. Brady
January 8, 2015
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REPORT AND RECOMMENDATIONS on Plea of Guilty as to Randall Brady Signed by Magistrate Judge William B Carter on 1/8/15. (JLMc, )
January 27, 2015
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ORDER adopting22 Report and Recommendations on Plea of Guilty as to Randall Brady (1).(1) Defendant's plea of guilty to Count One of the One-Count Indictment is ACCEPTED; (2) Defendant is hereby ADJUDGED guilty of the charges set forth in Count One of the One-Count Indictment; and (3) Defendant SHALL REMAIN IN CUSTODY pending sentencing on Monday, April 13, 2015, at 2:00 pm. Signed by District Judge Harry S Mattice, Jr on January 27, 2015. (CNC, )
April 19, 2017
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MEMORANDUM OPINION as to Randall Brady. This Court interprets Petitioner's failure to respond to the United States' request for dismissal as a waiver of opposition, the motion to deny and dismiss 43 will be GRANTED and petition 36 will be DENIED and DISMISSED WITH PREJUDICE. This Court is also in possession of Petitioner's pro se motions to hold the action in abeyance pending resolution of Beckles 40, and requesting that counsel be appointed to assist litigation of a potential Beckles-based collateral challenge 41. The former 40 is DENIED as moot in light of the fact that the Supreme Court decided Beckles on March 6, 2017. The Latter 41 is DENIED as moot because this Court previously appointed Federal Defenders of Eastern Tennessee (FDSET) to determine identify defendants with a claim for relief under Johnson and appointed FDSET to represent any defendant who seeks relief under ยง 2255 in light of Johnson. This Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. This Court will DENY Petitioner leave to proceed in forma pauperis on appeal. A certificate of appealability SHALL NOT ISSUE. Signed by District Judge Harry S Mattice, Jr on 4/19/17. (aws, ) Mailed to Randall Brady.