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12-108 - USA v. Jones


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12-108 - USA v. Jones
June 28, 2016
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MEMORANDUM AND ORDER re 35 Motion to Vacate by Pernell Bradford Jones. Since it does not plainly appear from the face of the motion that is should be summarily dismissed, the United States is ORDERED to file an answer or other pleading within thirty (30) days from the date of this Order. The Court has already appointed counsel to look into whether Petitioner has a claim under Johnson and given FDS leave to supplement Petitioner's filings where appropriate. Accordingly, the request for counsel 33 is DENIED as moot. See Order for details. Signed by District Judge J Ronnie Greer on 6/28/2016. (C/M to Pernell Jones). (LMC)
May 4, 2017
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MEMORANDUM OPINION: For the foregoing reasons, Petitioners motion for voluntary dismissal without prejudice [Doc. 45] will be DENIED, the United States's motion to deny and dismiss with rejudice [Doc. 42] will be GRANTED, and Petitioner's ยง 2255 motion [Doc. 35] will be DENIED and DISMISSED WITH PREJUDICE. Petitioner's pro se request for counsel [Doc. 36] will be DENIED as moot. This 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 roceed in forma pauperis on appeal. See Fed. R. App. P. 24. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by District Judge J Ronnie Greer on 05/04/2017. (CAT)