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12-076 - USA v. Carroll


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12-076 - USA v. Carroll
April 1, 2014
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REPORT AND RECOMMENDATIONS as to Jimmy Dean Carroll recommending that 20 MOTION to Appoint Counsel be DENIED and that the defendant's 20 Motion to Appoint Counsel to File Direct Appeal be DISMISSED without prejudice to refile in the form of a motion to vacate under 28 U.S.C. § 2255 that includes all of the Defendants post-conviction claims. Signed by Magistrate Judge H Bruce Guyton on 4/1/2014. (MGM)
April 23, 2014
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ORDER the Court ACCEPTS IN WHOLE the R&R 22 and it is ORDERED that the defendants request for appointment of counsel is hereby DENIED and his Motion to Appoint Counsel to File Direct Appeal 20 is hereby DENIED without prejudice to refile in the form of a motion to vacate under 28 U.S.C. § 2255. Signed by Chief District Judge Thomas A Varlan on April 23, 2014. (JAN, )(CM)
March 8, 2016
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MEMORANDUM OPINION AND ORDER denying 34 PRO SE Motion to Reduce Sentence - USSC Amendment for Jimmy Dean Carroll (1) signed by Chief District Judge Thomas A Varlan on 3/8/2016. [Copy mailed to Jimmy Dean Carroll] (JDH)
September 22, 2016
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MEMORANDUM AND ORDER denying 38 PRO SE MOTION to Supplement re 24 MOTION to Vacate under 28 U.S.C. 2255 as to Jimmy Dean Carroll (1); denying 41 PRO SE MOTION to Amend 24 MOTION to Vacate under 28 U.S.C. 2255 as to Jimmy Dean Carroll (1) signed by Chief District Judge Thomas A Varlan on 9/22/2016. [Copy mailed to Jimmy Dean Carroll] (JDH)
February 16, 2017
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MEMORANDUM AND ORDER denying 44 Motion PRO SE MOTION to Supplement re 24 MOTION to Vacate under 28 U.S.C. 2255 as to Jimmy Dean Carroll (1) signed by Chief District Judge Thomas A Varlan on 2/15/2017. [Copy mailed to Jimmy Dean Carroll] (JDH)
March 2, 2017
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MEMORANDUM AND ORDER as to Jimmy Dean Carroll re 24 MOTION to Vacate under 28 U.S.C. 2255 filed by Jimmy Dean Carroll.For the reasons discussed herein, Petitioner is entitled to an EVIDENTIARY HEARING. It is hereby ORDERED that this matter is REFERRED to the Honorable H. Bruce Guyton, United States Magistrate Judge, to hold an evidentiary hearing to determine whether Petitioner timely requested that Attorney Aslinger file a notice of appeal on his behalf and to prepare a report and recommendation. Magistrate Judge Guyton shall APPOINT counsel to represent Petitioner as stated herein.In addition, the Court hereby ORDERS that the United States Marshal, or his authorized deputy, transport Petitioner from his place of incarceration to Knoxville, Tennessee, allowing sufficient time for Petitioner to be available in Knoxville, Tennessee, to appear at any hearing set by Magistrate Judge Guyton and, if any attorney has been appointed, to meet with his attorney before the hearing Signed by Chief District Judge Thomas A Varlan on March 2, 2017. (JAN, )(CC-USMS)
May 2, 2017
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REPORT AND RECOMMENDATIONS as to Jimmy Dean Carroll re 55 MOTION to Withdraw Document 24 MOTION to Vacate under 28 U.S.C. 2255 signed by Magistrate Judge H Bruce Guyton on 5/1/2017. (JDH)
May 25, 2017
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ORDER as to Jimmy Dean Carroll (1); The Court ACCEPTS IN WHOLE the Report and Recommendation of Magistrate Judge H. Bruce Guyton, entered on May 2, 2017, Doc. 56. The Court accepts Petitioners withdrawal of his § 2255 motion in its entirety, the motion to withdraw claim Doc. 55 is GRANTED, and the § 2255 motion Doc. 24 is hereby DISMISSED WITHPREJUDICE. Signed by Chief District Judge Thomas A Varlan on May 25, 2017. (JAN, ) Civil Case 3:14-cv-00259-TAV closed.