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Nordon v. United States

United States District Court, E.D. North Carolina, Eastern Division

April 6, 2015

JEREMY NORDON, Petitioner,
v.
UNITED STATES OF AMERICA, Respondent.

ORDER & MEMORANDUM AND RECOMMENDATION

KIMBERLY A. SWANK, Magistrate Judge.

This matter is before the court on the following motions filed by Petitioner Jeremy Nordon:

1. Motion to Toll Statute of Limitations [DE #281];
2. Motion to Vacate under 28 U.S.C. § 2255 [DE #284];
3. Motion to Stay Proceedings [DE #288];
4. Motion to Appoint Counsel [DE #289];
5. Motion for Request of Discovery Documents [DE #294];
6. Motion for Leave to Amend Motion to Vacate under 28 U.S.C. § 2255 [DE #298];
7. Motion to Amend Motion to Vacate under 28 U.S.C. § 2255 [DE #303];
8. Motion to Expedite Ruling on Motion to Vacate under 28 U.S.C. § 2255 [DE #331]; and
9. Motion to Appoint Counsel [DE #357]

The government has filed a Motion to Dismiss Petitioner's Motion to Toll Statute of Limitations and Motion to Vacate under 28 U.S.C. § 2255 [DE #291] and Petitioner has responded. The time for further filings has expired.

These motions have been referred to the undersigned for disposition or recommendation, as appropriate, pursuant to 28 U.S.C. § 636(b)(1) and Rules 8(b) and 10 of the Rules Governing Section 2255 Proceedings.

STATEMENT OF THE CASE

On September 8, 2010, Petitioner pleaded guilty, pursuant to a written plea agreement, to one count of conspiracy to manufacture, distribute, and possess with intent to distribute fifty grams or more of methamphetamine in violation of 21 U.S.C. §§ 841(a)(1) and 846. On October 20, 2011, the court sentenced Petitioner to a 144-month term of imprisonment. Petitioner did not appeal his sentence, but on November 2, 2012, he filed a motion to vacate his sentence pursuant to 28 U.S.C. § 2255.

DISCUSSION

I. Motion to Toll Statute of ...


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