Opinion
1:21-cv-01020-STA-jay
05-01-2023
TAVARES L. FARRINGTON, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER GRANTING MOTIONS TO AMEND § 2255 PETITION, DENYING REMAINING MOTIONS AS MOOT,
AND
DIRECTING RESPONDENT TO RESPOND TO NEW CLAIMS
THOMAS ANDERSON, UNITED STATES DISTRICT JUDGE
On January 29, 2021, Petitioner Tavares L. Farrington filed a pro se motion to vacate, set aside, or correct his sentence (the “Petition”) pursuant to 28 U.S.C. § 2255. (ECF No. 1.) Respondent United States submitted an answer to the Petition on September 7, 2021. (ECF No. 6.) Petitioner has since filed a motion to amend the Petition to add a claim that his Florida robbery convictions are not proper predicates under the Armed Career Criminal Act, 18 U.S.C. § 924(e) (“ACCA”) (ECF No. 10); a motion to amend the Petition to add claims that his Florida robbery convictions are not proper predicates under the ACCA and that counsel was ineffective with regard to that issue (ECF No. 13); a motion for an extension of time to file documents due to Petitioner's transfer to another prison (ECF No. 14); a motion to amend the Petition to add a claim under Wooden v. United States, 142 S.Ct. 1063 (2022) (ECF No. 16); and a motion for an order directing prison officials at “Institution Thomson” to “give Petitioner all his legal papers” (ECF No. 18).
For good cause shown, the motions to amend at ECF Nos. 13 and 16 are GRANTED. The motion to amend at ECF No. 10 is DENIED as moot. Because it appears from the Federal Inmate Locator that Farrington is no longer incarcerated at USP Thomson, the motion for an extension of time (ECF No. 14) and the motion for an order directing prison officials at that institution to provide Petitioner with his legal papers (ECF No. 18) are DENIED as moot.
Respondent is ORDERED to file a response to the additional claims within twenty-eight days of entry of this order. Petitioner may file a reply within twenty-eight days of service of the response.
IT IS SO ORDERED.