Opinion
CRIMINAL ACTION [1] 5:21-cr-00003-TES-CHW-9
06-01-2023
LEKEY DAVIS, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ADOPTING THE UNITED STATES MAGISTRATE JUDGE'S RECOMMENDATION
TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Before the Court is the United States Magistrate Judge's Recommendation [Doc. 462] to grant Movant Lekey Davis's Motion to Vacate [Doc. 426] in part. No party has filed an objection or sought an extension of time to file an objection within the 14-day period outlined in the magistrate judge's Recommendation. [Doc. 462, p. 3]. Thus, the Court reviews the Recommendation for clear error. 28 U.S.C. § 636(b)(1).
Having considered the Recommendation, the Court finds no clear enumeration of error and agrees with the findings and conclusions of the United States Magistrate Judge. Therefore, the Court ADOPTS the United States Magistrate Judge's Recommendation [Doc. 462] and MAKES IT THE ORDER OF THE COURT.
Accordingly, the Court GRANTS Movant's Motion to Vacate [Doc. 426] IN PART. Specifically, the Court VACATES its prior Judgment [Doc. 351] based on Movant's ineffective assistance of counsel claim. Movant will be resentenced and advised of his right to appeal, which will then begin the 14-day window for any appeal. The remainder of Movant's Motion is DISMISSED without prejudice. The Court APPOINTS Margaret Strickler to represent Movant for his re-sentencing and any following appeal.
SO ORDERED.