Motion for Sequencing of Pending Motions and Priority Consideration of 72 Motion — USA v. Harun (Dkt. 73, S.D. Ga.)

Record facts

U.S. District Court for the Southern District of Georgia · No. 3:23-cr-00003-DHB-BKE · Doc. 73 · 2025-07-31 · Docket on CourtListener

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U.S OfSTOlCT ooum
SOUTHERN OiSTRICT OF GEORGIA
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
JUL 3 1
2025
FILED
UNITED STATES OF AMERICA,
Respondent,
V.
CASE NO. 3:23-cr-00003-DHB-BKE
GLADYS HARUN,
Petitioner.
MOTION FOR SEQUENCING OF PENDING MOTIONS AND PRIORITY
CONSIDERATION OF MOTION TO SUPPLEMENT RECORD
Petitioner Gladys Harun, Pro se respectfully moves the Court to rule first on her Motion
to Supplement the Record before evaluating the Government’s Motion to Dismiss her 28
U.S.C. § 2255 petition and her Response thereto (filed July 2, 2025). In support.
Petitioner shows:
FACTUAL AND PROCEDURAL BACKGROUND
1.
On February 12,2025, Petitioner filed her § 2255 motion, asserting ineffective
assistance, prosecutorial misconduct, and actual innocence. Concurrently, she
moved to supplement the record with newly discovered exculpatory evidence
including SBA forgiveness letters, audit communications, payroll records, utility
invoices, and related materials. These documents are crucial to refuting the
Government’s loss calculations.
2.
On June 3, 2025, the Government moved to dismiss Petitioner’s § 2255 motion,
arguing waiver, procedural default, and lack of merit.
Case 3:23-cr-00003-DHB-BKE     Document 73     Filed 07/31/25     Page 1 of 6

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3.
On July 2, 2025, Petitioner filed her Response to the Government's Motion to
Dismiss, which incorporated and relied upon the evidence submitted in her
Motion to Supplement the Record.
4.
Due to her incarceration and restricted access to documents, Petitioner could not
obtain critical SBA and banking and various business records until after filing her
§ 2255 motion. She diligently gathered and submitted these records
they became available.
as soon as
ARGUMENT
I
The Court Should Admit the Supplemented Evidence Before Evaluating Either the
Motion to Dismiss or Petitioner's Response.
Rule 7 of the Rules Governing Section 2255 Proceedings provides that "[b]efo
expanding the record ... [a] movant must obtain leave of courf’ and that the Court “may
consider affidavits and other materials submitted by the parties" as part of the record.
Fed. R. Governing § 2255 Proceedings 7(b), (c). Supplementation “enables the judge to
dispose of some habeas petitions
.
.
. without the time and expense required for an
evidentiary hearing." Habeas Rules, Rule 7, Advisory Committee Note.
Petitioner s Response to the Motion to Dismiss rests entirely on the exculpatory evidence
in the pending Motion to Supplement. Absent Court approval of supplementation, both
the Government’s Motion to Dismiss and Petitioner’s Response would be decided
incomplete record. The Court should therefore resolve the Motion to Supplement first,
admit the newly discovered evidence, and then consider both the Motion to Dismiss and
Petitioner’s Response in light of the full record.
re
on an
II.
Rule 7 and Controlling Precedent Authorize Expansion of the Record.
Under Rule 7(a), the Court "may direct the parties to expand the record by submitting
additional materials relating to the petition.” The Eleventh Circuit recognizes that district
Case 3:23-cr-00003-DHB-BKE     Document 73     Filed 07/31/25     Page 2 of 6

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courts retain authority to ensure habeas proceedings proceed on a complete record. See
Gomez V. United States, 899 F.2d 1124, 1125 (11th Cir. 1990) (en bane).
District courts in this Circuit have granted supplementation when petitioners faced
document access issues due to incareeration. See Walker v. United States, No. 24-cv-
00175-JPG, 2024 WL 832631, at *2—3 (S.D. III. Feb. 28, 2024). Likewise, Thomas v.
United States, 470 F. Supp. 968, 970 (E.D. Pa. 1979), ordered supplementation with
affidavits and records not in the original file before determining whether an evidentiary
hearing was warranted.
III.
Sequencing Is Essential to Avoid Prejudice and Preserve Judicial Resources.
Premature ruling on the Motion to Dismiss-—or evaluating Petitioner’s Response without
the supplemented evidence—would force the parties to brief and the Court to decide
on an incomplete factual record, leading to wasted resources and potential
injustice. Admission of the SBA forgiveness letters, audit reports, and related documents
is necessary for a fair evaluation of both motions.
issues
CONCLUSION AND PRAYER FOR RELIEF
For these reasons, Petitioner respectfully requests that the Court:
1.
Grant the Motion to Supplement the Record
2.
Thereafter consider, together and in light of the supplemented record, the
Government’s Motion to Dismiss and Petitioner’s Response (July 2, 2025); and
3.
Grant such other relief as the Court deems just and proper.
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Respectfully submitted this 23rd day of July, 2025.
GLADYS HARUN
192 AMELIA DR
BYRON GA 31008.
Case 3:23-cr-00003-DHB-BKE     Document 73     Filed 07/31/25     Page 4 of 6

CERTIFICATE OF SERVICE / Mailing address Change
I, Gladys Harun, Pro Se, of Dimas Charity Macon, hereby certify that on July 23,2025,1 served
a true and correct copy of my
(a) Motion to supplement the record in the case, Case No. 3:23-CR-00003 DHB-BKE,
(b) Motion for sequencing of pending motions and priority consideration of motion to
supplement record,
(c) Petitioners motion for release pending adjudication of 28 U.S.C. § 2255 MOTION
I have mailed a copy of these motion in accordance with applicable law by handing it over to the
halfway house officials responsible for mail delivery.
The copy was addressed as follows:
Assistant United States Attorney
United States Attorney’s Office
P.O. Box 8970
Savannah, GA 31412
1 further certify that this method of service complies with all applicable rules and procedures
regarding notice and service in this matter.
Kindly mail all mail correspondences to the following address:
Gladys Harun, Pro Se
192 Amelia Dr
Byron Ga31008
July 23,2025
Sign:
Case 3:23-cr-00003-DHB-BKE     Document 73     Filed 07/31/25     Page 5 of 6

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