UNITED STATES OF AMERICA v. WIMBISH

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
NICHOLAS WIMBISH, 	:
:
Movant, 	:
:
v. 	: 	Case No. 5:24-cr-57-MTT-CHW
: 	Civil Case No.: 5:25-cv-00551-MTT-CHW
UNITED STATES OF AMERICA, 	:
: 	Proceedings Under 28 U.S.C. § 2255
Respondent. 	: 	Before the U.S. Magistrate Judge
____________________________________:
ORDER
Before the Court is a Motion to Vacate, Set Aside, or Correct a Sentence pursuant to
28 U.S.C. § 2255 filed by Movant Nicholas Wimbush, who is represented by counsel. (Doc. 75).
After conducting an initial review in 	accordance with the provisions of Rule 4 of the Rules
Governing Section 2255 Proceedings for the United States District Courts, the Court is unable
to conclude that the instant Motion is subject to summary dismissal.
IT IS THEREFORE ORDERED that within thirty (30) days of the date of this
Order, Movant shall amend his motion to include every unalleged possible constitutional error
or deprivation entitling his to federal habeas corpus relief, failing which Movant will be presumed
to have deliberately waived his right to complain of any constitutional errors or deprivations
other than those set forth in his initial motion. If amended, Movant will be presumed to have
deliberately waived his right to complain of any constitutional errors or deprivations other than
those set forth in his initial and amended motions.
IT IS FURTHER ORDERED that the United States Attorney RESPOND to Movant’s
claims by filing an answer or other responsive pleading pursuant to Rule 5 of the Rules
Case 5:24-cr-00057-MTT-CHW Document 78 Filed 12/22/25 Page 1 of 2

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Governing Section 2255 Proceedings for the United States District Courts within sixty (60) days
of the date of this Order.
SO ORDERED, this 22nd day of December, 2025.
s/ Charles H. Weigle
Charles H. Weigle
United States Magistrate Judge
Case 5:24-cr-00057-MTT-CHW Document 78 Filed 12/22/25 Page 2 of 2