USA v. Tatum

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
UNITED STATES OF AMERICA RESPONDENT
VS. CASE NO. 1:09-cr-10014
CASE NO. 1:12-cv-10984
AUDREY LAVELL TATUM MOVANT
ORDER
Before the Court is the Report and Recommendation filed September 14, 2012, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
(ECF No. 66). Judge Bryant recommends that Audrey Lavell Tatum’s Petition for Writ of Habeas
Corpus (ECF No. 61) be denied as currently filed due to a lack of clarity in the petition. Judge1
Bryant further recommends that the Clerk be directed to provide Tatum with the appropriate Court
approved form for filing a Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C.
§ 2255 so that he may re-file his petition with greater clarity as to the relief he is seeking. Finally,
Judge Bryant recommends that the Court’s Order of August 28, 2012 (ECF No. 62) be amended to
allow Tatum thirty additional days to file any Motion pursuant to § 2255.
The parties have not filed objections to the Report and Recommendation, and the time to
object has passed. See 28 U.S.C. § 636(b)(1). Therefore, the Court adopts the Report and
Recommendation in toto. Tatum’s Petition (ECF No. 61) is DENIED as currently filed. The Clerk
This Petition has been docketed as a Motion to Vacate under 28 U.S.C. § 2255. (ECF1
No. 61). However, to avoid confusion with a pending motion for retroactive application of the
Sentencing Guidelines (ECF No. 59), the Court will refer to the instant pleading as “the
Petition.”
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is directed to provide Tatum with the appropriate Court-approved form for filing a Motion to Vacate,
Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255. Tatum’s deadline for submitting a new
petition pursuant to § 2255, using the Court-approved form, is extended to November 7, 2012.
Failure to file a petition pursuant to § 2255 by November 7, 2012, may result in the dismissal of
Tatum’s claims with prejudice.
IT IS SO ORDERED, this 4th day of October, 2012.
/s/ Harry F. Barnes
Hon. Harry F. Barnes
United States District Judge
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