Report And Recommendation — U.S. v.… (Doc. 336, 1:20-cr-00228, record 278523)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 336 · 2024-03-12 · Docket on CourtListener

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IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
 
MAURICE FAYNE,  
 
 
: 
MOTION TO VACATE 
Fed. Reg. No. 73197-019, 
 
: 
28 U.S.C. §2255 
 
Movant, 
 
 
 
: 
 
 
 
 
 
 
 
: 
CRIMINAL NO. 
 
 
v. 
 
 
 
: 
1:20-CR-228-MHC-JKL-1 
 
 
 
 
 
 
: 
 
UNITED STATES OF AMERICA, 
: 
CIVIL ACTION NO.  
 
Respondent.  
 
 
: 
1:23-CV-4917-MHC-JKL 
 
ORDER 
 
Movant executed a motion to vacate his convictions and sentences pursuant 
to 28 U.S.C. §2255 on October 20, 2023, and indicated that a “Memorandum of Law 
in Support will be forthcoming.”  (Doc. 326).  On November 1, 2023, I entered an 
Order instructing Movant to file that supporting memorandum within twenty days.  
(Doc. 328).   
Because Movant had not filed a supporting memorandum in compliance with 
my instructions, I entered an Order on February 1, 2024, instructing Movant to show 
cause within fourteen days why this case should not be dismissed for his failure to 
obey an order of the Court.  (Doc. 332).  After Movant had neither responded to the 
show cause order nor filed a memorandum of law, on February 26, 2024, I entered 
a final report and recommendation (“R&R”) which recommended dismissal under 
LR 41.3A, NDGa. for Movant’s failure to obey a lawful order of the Court.  (Doc. 
333). 
Case 1:20-cr-00228-MHC-JKL     Document 336     Filed 03/12/24     Page 1 of 2

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Three days after the R&R was docketed, the Clerk received Movant’s 
response to the show cause order.  (Doc. 335).  Therein, he states that he currently 
is in holdover status at the United States Penitentiary in Atlanta, Georgia awaiting a 
transfer and has no access to his property – which apparently contains the legal 
memorandum he previously prepared – and he does not know when he will receive 
that property.  (Id.).  I will provide Movant with one more opportunity to comply 
with my instructions.  
The R&R entered on February 26, 2024 [Doc. 333] is VACATED, and 
Movant is ORDERED to file a supporting memorandum within THIRTY DAYS 
of the date of this Order.  I would note that even without his property Movant can 
provide more factual details supporting his claims, and Movant already has been 
provided with several months to do so.  Consequently, Movant is warned that the 
Court may not be inclined to grant any further requests for an extension. 
 
The Clerk is DIRECTED to resubmit the matter to me upon receipt of the 
memorandum in support or at the expiration of the aforementioned time period. 
SO ORDERED this 12th day of March, 2024. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
___________________________________
JOHN K. LARKINS III
UNITED STATES MAGISTRATE JUDGE
Case 1:20-cr-00228-MHC-JKL     Document 336     Filed 03/12/24     Page 2 of 2

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