Report and Recommendation — § 2255 Dismissal — United States v. Fayne (N.D. Ga.)

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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).  In that same Order I noted that the lack of 
a memorandum in support of the motion to vacate makes it impractical for the 
Government to respond thereto.  (Id.). 
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 recommend dismissal under LR 41.3A, NDGa. for 
Movant’s failure to obey a lawful order of the court.  (Doc. 333). 
Three days after the R&R was docketed the Clerk received Movant’s response 
to the show cause order.  (Doc. 335).  Therein, Movant stated that he currently was 
in holdover status at the United States Penitentiary in Atlanta, Georgia (“USP-
Atlanta”), he had no access to his property including the legal memorandum he 
previously prepared, and he did not know when he would receive that property.  (Id.). 
As a result of Movant’s response, I entered an Order on March 12, 2024, 
vacated the February 26, 2024, R&R, and provided Movant with one more 
opportunity – thirty days – to file a supporting memorandum.  (Doc. 336).  In that 
Order, I noted that even without his property movant could provide more factual 
details to support his claims and that he already had been provided with several 
months to do so, and I warned Movant that the Court may not be inclined to grant 
any further requests for an extension.  (Id.).  The March 12, 2024, Order was not 
returned to the Court, and as of May 2, 2024, Movant has not submitted a 
memorandum of law in support of the §2255 motion.   
 
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 3rd day of May, 2024. 
 
___________________________________
JOHN K. LARKINS III
UNITED STATES MAGISTRATE JUDGE

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