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Ivey v. United States

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION
Jan 18, 2017
No. 16-1008-JDT-egb (W.D. Tenn. Jan. 18, 2017)

Opinion

No. 16-1008-JDT-egb No. 16-1303-JDT-egb

01-18-2017

DENNIS JOEL IVEY, Movant, v. UNITED STATES OF AMERICA, Respondent.


ORDER DIRECTING CLERK TO DOCKET § 2255 MOTION IN CASE NO. 16-1303 AS A SUPPLEMENTAL MOTION IN CASE NO. 16-1008 AND TO CLOSE DUPLICATE CASE NO. 16-1303

On January 13, 2016, Movant Dennis Joel Ivey, acting pro se, filed a motion for leave to file a successive motion pursuant to 28 U.S.C. § 2255. The document was construed as a § 2255 motion and opened as case number 16-1008. Ivey sought to challenge his sentence pursuant to the decision in Johnson v. United States, 135 S. Ct. 2551 (2015). On June 23, 2016, the Court transferred the § 2255 motion to the Sixth Circuit pursuant to 28 U.S.C. § 2244(b)(3). The Court of Appeals subsequently granted leave to file the motion and remanded for further proceedings. See In re Ivey, No. 16-6052 (6th Cir. Oct. 27, 2016).

On November 25, 2016, Ivey filed another § 2255 motion, which was opened as case number 16-1303. In that motion, Ivey contends that his sentence is invalid under both Johnson and the later decision in Mathis v. United States, 136 S. Ct. 2243 (2016).

It appears the § 2255 motion opened as case number 16-1303 should have been docketed as a supplemental motion in the prior proceeding rather than as a separate case. Therefore, the Clerk is DIRECTED to docket the § 2255 motion in case number 16-1303 as a supplemental § 2255 motion in case number 16-1008. The Clerk is further DIRECTED to close duplicate case number 16-1303. IT IS SO ORDERED.

s/ James D. Todd

JAMES D. TODD

UNITED STATES DISTRICT JUDGE


Summaries of

Ivey v. United States

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION
Jan 18, 2017
No. 16-1008-JDT-egb (W.D. Tenn. Jan. 18, 2017)
Case details for

Ivey v. United States

Case Details

Full title:DENNIS JOEL IVEY, Movant, v. UNITED STATES OF AMERICA, Respondent.

Court:UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION

Date published: Jan 18, 2017

Citations

No. 16-1008-JDT-egb (W.D. Tenn. Jan. 18, 2017)