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09-013 - USA v. Bivins


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09-013 - USA v. Bivins
March 6, 2009
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PRETRIAL ORDER as to Tyson Christopher Bivins. This case will be set for trial before the Honorable Thomas A. Varlan and a jury, to commence at 9:00 a.m. on March 31, 2009. Signed by Magistrate Judge H Bruce Guyton on 3/6/2009. (DCP, )
September 24, 2014
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MEMORANDUM re 27 MOTION to Vacate under 28 U.S.C. 2255 filed by Tyson Christopher Bivins. Signed by Chief District Judge Thomas A Varlan on September 24, 2014. (JAN, )
September 24, 2014
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JUDGMENT ORDER In accordance with the accompanying Memorandum, petitioner's motion to amend 41 is DENIED, the motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. §2255 27] is DENIED, and this action is DISMISSED. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is DENIED. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court hereby DENIES the petitioner leave to proceed in forma pauperis on appeal. Signed by Chief District Judge Thomas A Varlan on September 24, 2014. (JAN, )(cm to petitioner) Civil Case 3:11-cv-00369-TAV closed.
March 15, 2017
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ORDER as to Tyson Christopher Bivins re 47 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, )
April 26, 2017
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MEMORANDUM OPINION as to Tyson Christopher Bivins: The motion to deny and dismiss [Doc. 54 ] will be GRANTED and Petitioner's successive § 2255 petition [Doc. 47 ] will be DENIED and DISMISSED WITH PREJUDICE. FDSET's motion to withdraw [Doc. 51 ] will be GRANTED and request for an extension of time [Doc. 50] will be DENIED. 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 proceed 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. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). Signed by Chief District Judge Thomas A Varlan on April 26, 2017. (RLK)