Padgett v. United States

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA

AUGUSTA DIVISION

RACHEL LEE PADGETT, ) Petitioner, v. CV 121-034 ) (Formerly CR 115-107) UNITED STATES OF AMERICA, ) Respondent.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge’s Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, GRANTS the amended § 2255 motion as to Petitioner’s claim in Ground 3(a) for ineffective assistance of counsel at sentencing, DISMISSES without prejudice the amended § 2255 motion as to all other claims, and DENIES AS MOOT the motion for an evidentiary hearing, (doc. no. 3).

The Court REASSIGNS the case to United States District Judge Dudley H. Bowen for resentencing and final disposition. See, e.g., United States v. Perez, 520 F. App’x 923, 923 (11th Cir. 2013) (explaining best practice is to reassign when resentencing.) The Court continues the appointment of Amy Levin Weil to represent Petitioner in the criminal case through final judgment and any appeal.

Upon the foregoing, the Court CLOSES this civil action and DIRECTS the Clerk to enter an appropriate final judgment in this civil case.

SO ORDERED this [4 ‘day of October, 2021, at Augusta, Georgia.

Ae , (PHELELL

J. RANIDAL HALU, CHIEF JUDGE \. UNITED STATES DISTRICT COURT OUTHERN DISTRICT OF GEORGIA zZ