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Bradley v. United States

United States District Court, S.D. Georgia, Savannah Division

September 15, 2014

MARTIN J. BRADLEY, Jr., Movant,
v.
UNITED STATES OF AMERICA, Respondent. No. CR405-059

ORDER

G.R. SMITH, Magistrate Judge.

The government obtained convictions against Martin J. Bradley, III, and his father, Martin Bradley, Jr., in this RICO-based case.[1] Bradley, III has since sought 28 U.S.C. § 2255 relief before this Court, and the district judge's ruling denying his § 2255 motion is now on appeal. Bradley v. United States, 2013 WL 6246775 (S.D. Ga. Dec. 3, 2013), reconsideration denied, 2014 WL 1259606 (S.D. Ga. Mar. 25, 2014), certificate of appeal granted in part, ___ F.Supp.2d ___, 2014 WL 1243800 (S.D. Ga. Mar. 26, 2014).

Bradley, Jr. has now filed his own § 2255 motion.[2] Such motions are generally referred to a magistrate judge for preliminary review. However, because of the unique circumstances of this case and the arguments asserted on collateral review by Bradley, III, the district judge who conducted the criminal trial elected to address Bradley, III's § 2255 motion directly, without referring the matter to a magistrate judge. Because "Bradley, Jr.'s § 2255 petition raises the same issues as those raised by Bradley, III... and expressly adopts... the enumeration of the issues and the briefs and supporting affidavits filed in support of those claims..., " doc. 1531 at 3, it is appropriate that the present § 2255 motion also be addressed directly by the district judge. Accordingly, the Clerk is DIRECTED to correct the docket to reflect that this case is assigned to the Honorable B. Avant Edenfield, without reference to the undersigned.

SO ORDERED.


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