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04-182 - USA v. Curb (TV1)(TVV)


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04-182 - USA v. Curb (TV1)(TVV)
July 15, 2015
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MEMORANDUM OPINION as to Adrian Conan Curb in support of the following Judgment Order. Signed by Chief District Judge Thomas A Varlan on 7/15/15. (c/m) (ADA)
June 17, 2016
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MEMORANDUM OPINION re memorandum doc. 64 as to Adrian Conan Curb. Signed by Chief District Judge Thomas A Varlan on June 17, 2016. (JAN, )
February 16, 2017
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ORDER as to Adrian Conan Curb: For reasons fully set forth in this Order re 69 MOTION to Vacate under 28 U.S.C. 2255, the action [E.D. Tenn. Case No. 3:17-CV-38-TAV] is STAYED pending the Supreme Courts decision in Beckles. The parties are DIRECTED to file a joint status report within thirty (30) days of that decision. Signed by Chief District Judge Thomas A Varlan on February 16, 2017. (JAN, )
March 16, 2017
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ORDER as to Adrian Conan Curb re 69 MOTION to Vacate under 28 U.S.C. 2255 On March 6, 2016, the Supreme Court held that the United States Sentencing Guidelines are not amendable to vagueness challenges. Beckles v. United States, No. 15-8544, 2017 WL 855781, at *7 (U.S. March 6, 2017). Because the Johnson decision does not undermine sentences based on Guideline enhancements, the Court believes summary denial of the above petitions with prejudice might be appropriate. To the extent that the parties disagree, the Court affords the following notice: the parties should file any motion that they want the Court to consider in conjunction with, or prior to, ruling on these petitions on or before April 1, 2017. The deadline for responses is April 15, 2017. Absent such a motion, the Court may summarily dismiss the above cases. Signed by Chief District Judge Thomas A Varlan on March 15, 2017. (JAN, )(cm pro se)
April 26, 2017
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MEMORANDUM OPINION as to Adrian Conan Curb. Signed by Chief District Judge Thomas A Varlan on April 26, 2017. (JAN, )
April 26, 2017
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JUDGMENT ORDER as to Adrian Conan Curb (1); For the reasons expressed in the accompanying memorandum opinion, it is ORDERED and ADJUDGED that Federal Defender Services of Eastern Tennessees requests for an extension of time to amend Docs. 74, 75 are DENIED, the United States motion to deny and dismiss Doc. 73 is GRANTED, and Petitioners supplemented successive § 2255 motion Docs. 69, 76, 77 is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R.App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by Chief District Judge Thomas A Varlan on April 26, 2017. (JAN, )(CM) Civil Case 3:17-cv-00038-TAV closed.