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govinfo:USCOURTS-tned-3_14-cr-00089-9
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE RAYMOND RACEY, ) ) Petitioner, ) ) v. ) Nos. 3:16-CV-619/ 3:14-CR-89 ) REEVES/GUYTON UNITED STATES OF AMERICA, ) ) Respondent. ) JUDGMENT ORDER In accordance with the accompanying Memorandum Opinion, Petitioner Raymond Racey’s motion [Doc. 1; 3:14CR-89 Doc. 527] is GRANTED in part and DENIED in part. Racey’s claim for relief due to his attorney’s failure to file a notice of appeal as instructed is GRANTED. The judgment entered on October 15, 2015 [3:14-CR-89, Doc. 427] is VACATED, and the Clerk of Court is DIRECTED to RE-ENTER that judgment as of this date. Racey’s claim for relief for ineffective assistance of counsel during the plea bargain process is DENIED. However, a certificate of appealability is GRANTED with respect to this claim. If Racey files a notice of appeal, he may proceed in forma pauperis. 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24. The Clerk of Court is further DIRECTED to close the civil case, Case No. 3:16-CV- 619. IT IS SO ORDERED. ____________________________________________ CHIEF UNITED STATES DISTRICT JUDGE ENTERED AS A JUDGMENT /s/ JOHN L. MEDEARIS CLERK OF COURT PageID #: <pageID>