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09-162 - USA v. Hayes


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09-162 - USA v. Hayes
July 14, 2014
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MEMORANDUM as to Jonathan Hayes re 26 MOTION to Vacate under 28 U.S.C. 2255 filed by Jonathan Hayes. For the reasons stated, the motion will be DENIED as time-barred and this action will be DISMISSED. Signed by Chief District Judge Thomas A Varlan on July 14, 2014. (JAN, )
July 14, 2014
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JUDGMENT ORDER 26 Motion to Vacate (2255) as to Jonathan Hayes (1) is DENIED as time-barred andthis 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 thatany 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 July 14, 2014. (JAN, )(copy mailed to dft) Civil Case 3:14-cv-00147-TAV closed.
July 1, 2016
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MEMORANDUM OPINION as to Jonathan Hayes, the Clerk will be DIRECTED to TRANSFER the filing 38 MOTION to Vacate under 28 U.S.C. 2255 filed by Jonathan Hayes the United States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631. Signed by Chief District Judge Thomas A Varlan on July 1, 2016. (JAN, )
February 23, 2017
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ORDER as to Jonathan Hayes re 42 MOTION to Vacate under 28 U.S.C. 2255 filed by Jonathan Hayes. For the reasons discussed, the action [E.D. Tenn. Case No. 3:17-CV-56-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 23, 2017. (JAN, )
March 16, 2017
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ORDER as to Jonathan Hayes re 42 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)
May 22, 2017
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MEMORANDUM OPINION as to Jonathan Hayes Signed by Chief District Judge Thomas A Varlan on May 22, 2017. (JAN, )
May 22, 2017
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JUDGMENT ORDER as to Jonathan Hayes (1). The United States motion to deny and dismiss 45 is GRANTED and Petitioners successive § 2255 motion 42 is DENIED and DISMISSED WITH PREJUDICE. Signed by Chief District Judge Thomas A Varlan on May 22, 2017. (JAN, )(Memorandum Opinion and Order mailed) Civil Case 3:17-cv-00056-TAV closed.