civil · Lexington division · 5:25-cv-00149
Phelps v. United States
U.S. District Court, Eastern District of Kentucky, filed April 29, 2025.
- Docket number
- 5:25-cv-00149
- Court
- U.S. District Court, Eastern District of Kentucky — Lexington
- Date filed
- April 29, 2025
- Assigned to
- —
- Nature of suit
- Prisoner: Vacate Sentence
- Cause
- 28:2255 Motion to Vacate / Correct Illegal Sentence
- Records
- CourtListener / RECAP (free) · PACER (login, fees)
Parties (as listed)
Party roles (plaintiff/defendant) are not exposed by the mirror; names are listed as they appear on the docket.
Recent docket entries
| Date | # | Entry |
|---|---|---|
| Jan. 15, 2026 | 4 | MEMORANDUM ORDER as to James Allen Phelps: 1. The Report and Recommendation of USMJ Matthew A. Stinnett 44 is ADOPTED in full and INCORPORATED here by reference; 2. The dft/movant's motion to vacate, correct, or set aside his sentence under U. S.C. §2255 32 is GRANTED regarding his first claim that his trial attorney provided ineffective assistance by failing to file a timely NOA. W/in 14 days, the dft may file a NOA; 3. Other than the first claim for relief addressed above, the rem aining claims identified in the dft/movant's motion 32 are DENIED as moot; 4. Pursuant to the provisions of the CJA, Kathryn Walton is re-appointed as counsel for the dft to assist him with filing a timely NOA; 5. In addition to COR, the Clerk of the Court is DIRECTED to forward a copy of this Memorandum Order to the accompanying Judgment to dft/movant Phelps at his current place of incarceration. Signed by District Judge Danny C Reeves on 1/15/2026. (KCF)cc: COR,USM,USPand James Allen Phelps by US Mail |
A complaint or indictment is an allegation. Nothing here is a finding of liability or guilt unless a docket entry says the court entered one.