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Hayes v. U.S.

United States District Court, M.D. Georgia, Thomasville Division
Mar 29, 2006
Criminal Action No. 6.03-cr-20 (HL) (M.D. Ga. Mar. 29, 2006)

Opinion

Criminal Action No. 6.03-cr-20 (HL).

March 29, 2006


ORDER


Before the Court is a Motion for Reconsideration (Doc. # 265) filed by Petitioner Marco Hayes ("Hayes"). In it, Hayes contends that to date he has never received a complete copy of the Recommendation (Doc. # 258) filed by the United States Magistrate Judge on December 22, 2005. Hayes argues that it was as a result of this failure to ever receive a complete report that he failed to file any Objections to the Recommendation, and he prays that the Court allow him the opportunity to file such Objections.

Despite the fact that the record in Hayes' case reflects the clerk's office has twice served Hayes with the United States Magistrate Judge's Recommendation from December 22, 2005, the Court directs the clerk's office to serve Hayes with the Recommendation a third time, as well as a copy of this Order. The Court makes this order in an effort to exercise an overabundance of caution. Furthermore, Hayes may serve and file written objections to the Recommendation with the Court within ten (10) days after being served with a copy hereof. Upon receipt of timely objections, the Court will consider them to determine whether to set aside its earlier adoption of the Recommendation.

The record reflects Certificates of Service from December 23, 2005 and January 5, 2006.

Accordingly, Hayes' Motion (Doc. # 265) is granted in part, in so much as it requests an opportunity for Hayes to file such objections. However, Hayes' Motion (Doc. # 265) is denied to the extent that he requests that his § 2255 Motion be "reinstated."

SO ORDERED.


Summaries of

Hayes v. U.S.

United States District Court, M.D. Georgia, Thomasville Division
Mar 29, 2006
Criminal Action No. 6.03-cr-20 (HL) (M.D. Ga. Mar. 29, 2006)
Case details for

Hayes v. U.S.

Case Details

Full title:MARCO HAYES Petitioner, v. UNITED STATES OF AMERICA, Respondent

Court:United States District Court, M.D. Georgia, Thomasville Division

Date published: Mar 29, 2006

Citations

Criminal Action No. 6.03-cr-20 (HL) (M.D. Ga. Mar. 29, 2006)