Court filing
Order rejecting 49 Report and Recommendation as to Harrescia Hopkins — USA v. Hopkins (Dkt. 54, N.D. Ga.)
Filed April 15, 2024 in USA v. Hopkins; one of 62 filings from this case.
Record facts
| Court | U.S. District Court for the Northern District of Georgia |
|---|---|
| Filed | 2024-04-15 |
U.S. District Court for the Northern District of Georgia · No. 1:22-cr-00284-SEG-CMS · Doc. 54 · 2024-04-15 · Docket on CourtListener
Full text
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
UNITED STATES OF AMERICA
v.
CRIMINAL ACTION NO.
HARRESCIA HOPKINS,
1:22-CR-0284-SEG
Defendant.
O R D E R
Defendant Harrescia Hopkins pleaded guilty on December 20, 2022, to
two counts of wire fraud (18 U.S.C. § 1343) for submitting two fraudulent
applications for Paycheck Protection Program (“PPP”) loans on behalf of
“Hopkins Towing and Storage,” a fake business. (Doc. 19.) She was sentenced
on June 8, 2023, to five months of imprisonment to be followed by two years of
supervised release. (Doc. 35.)
On August 14, 2023, Ms. Hopkins filed a pro se motion to vacate, set
aside, or correct the sentence pursuant to 28 U.S.C. § 2255. (Doc. 44.) The
motion was scant on details and listed the sole ground for relief as
“misrepresentation.” (Id. At 6.) On August 22, 2023, the Magistrate Judge
directed Ms. Hopkins to file an amended petition to “provide additional details
so that the Court can better understand the claim that Movant seeks to raise.”
Case 1:22-cr-00284-SEG-CMS Document 54 Filed 04/15/24 Page 1 of 3
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(Doc. 45 at 1.) On August 31, 2023, Ms. Hopkins filed a more fulsome amended
motion asserting ineffective assistance of counsel. (Doc. 46.)
On February 26, 2024, the Magistrate Judge issued a Report and
Recommendation (“R&R”) on the § 2255 motion. (Doc. 49.) The Magistrate
Judge noted that Ms. Hopkins completed the custodial portion of her sentence
in February 2024 but “has not provided the Court with an updated address
since she was released.” (Id. at 2.) The Magistrate Judge recommends that
the § 2255 motion be dismissed without prejudice because management of the
case is adversely affected by Ms. Hopkins’s failure to keep her contact
information current. Ms. Hopkins has not filed any objections to the R&R.
The Court recognizes that the period following release from
incarceration can be one of significant transition. The Court is therefore
disinclined to dismiss the § 2255 motion for Ms. Hopkins’s failure immediately
to update her address upon her release.1 Ms. Hopkins is DIRECTED to file a
notice updating her contact information by May 3, 2024.
The Government is DIRECTED to file a response to the § 2255 motion
within 45 days of the entry date of this order. The Clerk is DIRECTED to mail
a copy of this order to Ms. Hopkins at the following addresses:
1 The Court accordingly declines to adopt the Magistrate Judge’s R&R. (Doc.
49.)
Case 1:22-cr-00284-SEG-CMS Document 54 Filed 04/15/24 Page 2 of 3
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Harrescia Hopkins
Reg. No. 15535-510
FMC Lexington Atwood Unit
P.O. Box 14525
Lexington, KY 40512
Harrescia Hopkins
1509 Conley Way
Conley, GA 30288
SO ORDERED this 15th day of April, 2024.
SARAH E. GERAGHTY
United States District Judgep
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