Report And Recommendation — U.S. v.… (Doc. 333, 1:20-cr-00228, record 278524)

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 333 · 2024-02-26 · 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 
 
FINAL REPORT AND RECOMMENDATION 
 
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, on February 1, 2024, I entered an Order 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).  As of February 26, 2024, Movant has not 
responded to the show cause Order; nor has he filed a memorandum of law in 
compliance with my instructions.  As I noted in the show cause Order, the lack of 
any such memorandum makes it impractical for the Government to respond to the 
§2255 motion. 
Case 1:20-cr-00228-MHC-JKL     Document 333     Filed 02/26/24     Page 1 of 2

IT IS RECOMMENDED that this action be DISMISSED WITHOUT 
PREJUDICE for Plaintiff’s failure to obey a lawful Order of the Court.  See LR 
41.3A, NDGa.   
The Clerk is DIRECTED to terminate the District Judge’s reference to the 
undersigned Magistrate Judge. 
IT IS SO ORDERED this 26th day of February, 2024. 
___________________________________
JOHN K. LARKINS III
UNITED STATES MAGISTRATE JUDGE
Case 1:20-cr-00228-MHC-JKL     Document 333     Filed 02/26/24     Page 2 of 2

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