Court filing
Petitioner's Objections to the Magistrate Judge's Report and Recommendation — United States v. Gladys Harun (3:23-cr-3)
No. 3:23-cr-00003-DHB-BKE · Doc. 85 · Docket on CourtListener
Full text
Case 3:23-cr-00003-DHB-BKE Document 85 Filed 06/24/26 Page 1 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
GLADYS HARUN, :
Petitioner :
:
V. : CR 323-003
:
UNITED STATES OF AMERICA :
Respondent :
MOTION FOR LEAVE TO FILE PETITIONER’S OBJECTIONS TO
UNITED STATES MAGISTRATE JUDGE’S FINAL REPORT AND
RECOMMENDATION AFTER THE DEADLINE
COMES NOW the above named Petitioner, GLADYS HARUN, and moves
this Honorable Court to allow the late filing of Petitioner’s objections to the
Magistrate’s Report and Recommendation by showing as follows:
1.
Petitioner filed and litigated her § 2255 motion pro se. The Magistrate’s
Report and Recommendation were filed, and Petitioner’s objections were due on
June 22, 2026.
2.
Shortly before the due date, Petitioner engaged counsel to file objections on
her behalf. Undersigned counsel began reviewing the various transcripts and
documents in the underlying criminal case and the subsequent § 2255 motion.
1
Case 3:23-cr-00003-DHB-BKE Document 85 Filed 06/24/26 Page 2 of 7
3.
On June 22, undersigned counsel filed a notice of appearance. Thereafter, he
attempted to file Petitioner’s objections. Counsel attempted numerous times via
this ecf system. On every attempt, Petitioner was not listed as a party for counsel to
submit a document. Counsel tried numerous web browsers but none would allow
the filing.
4.
On this date, counsel contacted the clerk’s office, whereupon the clerk
attempted to help counsel. Said clerk attempted to assist counsel, and she
confirmed that counsel was unable to file a document. She believed that the ecf
system had not properly registered counsel’s appearance, but when she believed
she corrected this, the ecf system still did not allow the filing. As she was unable to
further assist, she forwarded counsel to Cindy at the clerk’s office. Cindy
ultimately determined that because the case was terminated, an attorney would not
be able to file any document but the notice of appearance. She manually changed
the termination allowing counsel to file.
5.
The late filing was solely due to the ecf system’s termination of the case
disallowing counsel from filing the objections.
6.
Petitioner is attaching a copy of the objections timely prepared.
2
Case 3:23-cr-00003-DHB-BKE Document 85 Filed 06/24/26 Page 3 of 7
WHEREFORE, Petitioner prays that the this Court allow Petitioner to file
her objections to the Magistrate’s Report and Recommendation based on the ecf
system’s program not allowing the filing of documents.
This 23nd day of June, 2026.
/s/Rodney Zell
Rodney Zell
State Bar No. 784650
Attorney for Petitioner
Zell & Zell, P.C.
1111 Bull Street
Savannah, Georgia 31401
(404) 523-4611
CERTIFICATE OF SERVICE
I certify that I have served the foregoing document on the attorney for the
Unites States of America, the Honorable Assistant United States Attorney Channell
V. Singh, P.O. Box 8970, Savannah, GA 31412, (912) 652-4422, by electronically
filing the document in accordance with the Rules of this Court.
This 23nd day of June, 2026.
/s/Rodney Zell
Rodney Zell
3
Case 3:23-cr-00003-DHB-BKE Document 85 Filed 06/24/26 Page 4 of 7
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
DUBLIN DIVISION
GLADYS HARUN, :
Petitioner :
:
V. : CR 323-003
:
UNITED STATES OF AMERICA :
Respondent :
PETITIONER’S OBJECTIONS TO UNITED STATES MAGISTRATE
JUDGE’S FINAL REPORT AND RECOMMENDATION
COMES NOW the above named Petitioner, GLADYS HARUN, and files
these objections to the Magistrate Judges Final Report and Recommendation filed
and served on April 30, 2026.
ISSUE RAISED
Petitioner is entitled to an evidentiary hearing to present evidence that her
plea counsel was ineffective pursuant to Strickland v. Washington, 466 U.S. 668,
104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). The sole basis to which Petitioner is
objecting is the amount of the restitution imposed on her at sentencing. She is not
objecting to any finding regarding the entry of her guilty plea or her sentencing
apart from the amount of restitution.
1
Case 3:23-cr-00003-DHB-BKE Document 85 Filed 06/24/26 Page 5 of 7
OBJECTIONS
Petitioner objects to the Magistrate’s recommendation that her motion to
supplement the record be denied. (Doc. 77, p. 23). She further objects to the
recommendation that her claim of ineffective assistance in II (D)(2) regarding the
presentation of mitigation evidence for the restitution be denied. (Doc. 77. pp.
39-40).
The recommendation to deny her motion to supplement the record form the
basis for her allegations of ineffective assistance of counsel, as those are the
records necessary to support her claims. As Vines was her counsel for the
sentencing portion of her prosecution, Petitioner is only objecting to the denial
based on his representation at the sentencing hearing. Petitioner contends that she
provided numerous documents, including W-2’s, 1099’s, and Square Payroll
documentation supporting her sentencing objection that the relevant conduct
should not have been included in the restitution amount. When Petitioner was
testifying at the sentencing hearing, she testified she gave W-2’s, 1099’s, and
Square Payroll documents supporting her objections to the amount of restitution to
her counsel. (Doc. 48, p. 31). Counsel never denied receiving these documents and
was not asked in court what Petitioner gave him. Id. Petitioner contends that this is
the basis of the ineffective assistance of counsel, and Petitioner submits that an
evidentiary hearing is necessary to examine counsel regrading this. If the
documentation included in Petitioner’s motion to supplement the record were
2
Case 3:23-cr-00003-DHB-BKE Document 85 Filed 06/24/26 Page 6 of 7
provided to counsel and support her claim that the restitution was not properly
calculated, then counsel’s performance would be objectively unreasonable for
failing to present evidence that would have likely produced a different result.
A petitioner raising ineffective assistance of counsel must show that
counsel’s representation was not reasonable, and counsel’s error prejudiced the
defense. Strickland. Massaro v. U.S., 538 U.S. 500, 505, 123 S.Ct. 1690, 155
L.Ed.2d 714 (2003), citing Strickland, held that counsel’s strategy must be
reasonable. Courts should liberally construe pro se filings, including those pursuant
to § 2255. Mederos v. United States, 218 F.3d 1252, 1254 (11th Cir.2000).
Petitioner should be granted a hearing if she alleges facts that if true would warrant
relief. Id. As long as the Petitioner allege said facts, she is entitled to a hearing
unless the allegations are patently frivolous, unsupported generalizations, or
contradicted by the record. Id. Petitioner should be granted a hearing, so she may
present competent evidence in support of her sole issue that her counsel was
ineffective in presenting evidence that would have reduced her amount of
restitution.
WHEREFORE, Petitioner prays that the Petitioner’s motion to supplement
the record be granted, and that she be granted a hearing to present evidence in
support of her claim of ineffective assistance of counsel at sentencing.
This 22nd day of June, 2026.
3
Case 3:23-cr-00003-DHB-BKE Document 85 Filed 06/24/26 Page 7 of 7
/s/Rodney Zell
Rodney Zell
State Bar No. 784650
Attorney for Petitioner
Zell & Zell, P.C.
1111 Bull Street
Savannah, Georgia 31401
(404) 523-4611
CERTIFICATE OF SERVICE
I certify that I have served the foregoing document on the attorney for the
Unites States of America, the Honorable Assistant United States Attorney Channell
V. Singh, P.O. Box 8970, Savannah, GA 31412, (912) 652-4422, by electronically
filing the document in accordance with the Rules of this Court.
This 22nd day of June, 2026.
/s/Rodney Zell
Rodney Zell
4
File and source
- File
- gov.uscourts.gasd.89545.85.0.pdf
- Size
- 135,512 bytes
- SHA-256
- 478189e9f8c18e51c2167632d0ad9d20efd4b4a259624b6482cac49cca238720
- Our copy
- gov.uscourts.gasd.89545.85.0.pdf
- Original
- PACER (login required)