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JAMAR BROOKS HAILEY, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

ORDER

On December 17, 2012, the United States Magistrate Judge's Recommendation was filed and notice was served on the parties pursuant to 28 U.S.C. § 636. The parties subsequently filed a Joint Stipulation [Doc. #73], stating that there were no objections and waiving any time remaining for filing objections. Therefore, the Court need not make a de novo review and the Magistrate Judge's Recommendation [Doc. #71] is hereby adopted.

IT IS THEREFORE ORDERED that Petitioner's Motion To Vacate, Set Aside or Correct Sentence [Doc. #41], as amended [Doc. #57], is GRANTED as to his claim under United States v. Simmons, 649 F.3d 237 (4th Cir. 2011), but DENIED otherwise for being moot, that the Judgment [Doc. #31] is VACATED, and that the Clerk set this matter for resentencing in light of the Government's concession.

IT IS FURTHER ORDERED that the Government's prior Motion to Dismiss [Doc. #53] is deemed WITHDRAWN.

IT IS FURTHER ORDERED that Petitioner's "Motion Filed Pursuant to 18 U.S.C. § 3582(c)2" [Doc. #38], "Motion for Summary Judgment and Expediting of Case Pursuant to F. R. Civ. P. 56" [Doc. #56], and "Motion to Reduce Sentence Pursuant to 18 U.S.C. § 3582(c)(2)" [Doc. #60] are DENIED for being moot.

_______________


UNITED STATES DISTRICT JUDGE


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Hailey v. United States
(Jan 2, 2013)