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11-058 - USA v. Stout et al


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11-058 - USA v. Stout et al
February 3, 2016
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MEMORANDUM AND ORDER as to Charles Dennis Kitts re 77 MOTION to Hold 2255 In Abeyance Pending Ruling by Supreme Court filed by Charles Dennis Kitts. The motion must be DENIED as moot. The Court notes, however, that Petitioner has yet to file a proposed amendment; he shall have thirty (30) days from the Courts entry of this order to amend his original petition [Doc. 70] in light of the Supreme Courts holding in Johnson. Signed by District Judge J Ronnie Greer on 2/3/16. c/m (KDO)
March 22, 2016
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MEMORANDUM AND ORDER as to Charles Dennis Kitts re 86 MOTION for Hearing, 83 Supplement filed by Charles Dennis Kitts, 84 MOTION for Hearing filed by Charles Dennis Kitts, 82 MOTION to Appoint Counsel filed by Charles Dennis Kitts. The United States is ORDERED to file a response addressing all of the foregoing motions within thirty (30) days of entry of this order. Signed by District Judge J Ronnie Greer on 3/22/16. c/m (KDO)
May 31, 2017
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MEMORANDUM OPINION as to Charles Dennis Kitts. For the reasons discussed, Petitioner's requests for an evidentiary hearing and theappointment of counsel [Docs. 84, 86, 92] will be DENIED and Petitioner's supplemented pro se § 2255 motion [Docs. 70, 83] will be DENIED and DISMISSED WITH PREJUDICE. The pro se motions for an Order compelling the United States to respond and for disposition [Docs. 98, 105] will be DENIED as moot. The Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. See Rule 24 of the Federal Rules of Appellate Procedure. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; of the Fed. R. of App. P. 22(b).AN APPROPRIATE ORDER WILL ENTER. Signed by District Judge J Ronnie Greer on 5/31/2017. (C/M pro se filer) (JCK)
November 17, 2017
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MEMORANDUM OPINION as to Charles Dennis Kitts. Accordingly, Petitioner's motion for reconsideration [Doc. 109] will be granted, and the Memorandum Opinion and Judgment Order entered on May 31, 2017 [Docs. 106 and 107], will be VACATED in part solely in regard to Petitioner's Johnson-related claim. Moreover, upon reconsideration, it is clear that Petitioner is no longer an armed career criminal under the ACCA and that he is entitled to relief under § 2255. Accordingly, Petitioner's § 2255 motion [Doc. 70], as supplemented [Doc. 83], will be GRANTED in part, again solely as to Petitioners Johnson-related claim. In all other respects, the Court's Memorandum Opinion and Judgment Order entered on May 31, 2017, shall remain in full force and effect. The Judgment imposed by the Court on May 21, 2012 [Doc. 56] will be vacated, and the parties shall submit a joint status report on what they believe to be the most appropriate form of relief no later than two weeks from the entry of the Court's order. Signed by District Judge J Ronnie Greer on 11/17/2017. (AMP)