UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF GEORGIA
IN RE ADMINISTRATION OF PRO SE FILINGS
UNDER SECTION 404 OF THE FIRST STEP ACT
STANDING ORDER 2019-02
This order establishes the administrative procedure for the
Middle District of Georgia for the management of pro se filings
seeking relief under The First Step Act. Upon the filing of the
pro se petition/motion, the Clerk shall notify the United States
Probation Office for the Middle District. The Probation Office
shall review the petition/motion. If the Probation Office
determines that the petitioner/movant is not eligible for relief
under section 404 of the First Step Act, the Probation Office shall
issue a brief report summarizing its reasons supporting dismissal
of the petition/motion and shall forward that report to the Clerk.
When the Probation Office recommends dismissal of a pro se
petition/motion, the Middle District of Georgia Community Defender
organization shall be appointed to represent the
petitioner/movant, and the Clerk shall make the assignment without
further order of the Court.1 The Clerk shall forward to the
1 The Court observes that petitioners/movants seeking relief under section 404
of the First Step Act do not have the right to counsel. However, the Court
exercises its discretion under the unique circumstances presented by the
enactment of the First Step Act to provide limited representation by the
Community Defender organization as described in this standing order. The
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Community Defender with the notice of appointment the Probation
Office’s report recommending dismissal of the petition/motion,
which report shall also be served upon counsel of record for the
Government. Within 21 days of receipt of the report, the Community
Defender shall show cause in writing why the petition/motion should
not be dismissed and shall serve counsel of record for the
Government as well as Probation Chief Bob Long. If no filing is
made by the Community Defender by the deadline, the Probation
Office shall submit to the judge assigned to the matter a proposed
order of dismissal along with a supplemental report stating the
reasons for dismissal and notification that the Community Defender
was served and had not responded as required by this standing
order. If the Community Defender files opposition to dismissal,
the Government shall have an opportunity to respond within 21 days
of service of the opposition. After the briefing is complete, the
matter will be submitted to the assigned judge like any other
contested matter.2
For pro se filings that the Probation Office does not
recommend be dismissed based upon ineligibility, the Probation
Office shall prepare a supplemental report to the original
appointment of counsel pursuant to this standing order is limited to the
purposes described in this order and shall not be expanded without further
order of the court.
2 Any requests for extensions of any deadlines established in this standing
order shall be made to the judge assigned to the matter.
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presentence report that describes the new guideline range as
modified by the First Step Act. That supplemental report shall be
provided to counsel of record for the Government. Government
counsel shall respond in writing whether the Government opposes
the petitioner/movant receiving the maximum benefit under the
amended guideline calculation. If the Government does not object
to the petitioner receiving the maximum benefit, the Probation
Office shall submit a report along with a proposed order to the
assigned judge explaining the amended guideline calculation and
notifying the Court that the U.S. Attorney does not oppose a
sentence that provides the maximum benefit. If Government counsel
opposes petitioner receiving the maximum benefit, the Middle
District of Georgia Community Defender organization shall be
appointed to represent the petitioner/movant, and the Clerk shall
make the assignment without further order of the Court. Within
21 days of appointment, the Community Defender shall file a brief
setting forth its position regarding the resentencing of the
petitioner. Counsel for the Government shall file a response
within 21 days of service of the Community Defender’s brief. After
the briefing is complete, the matter will be submitted to the
assigned judge like any other contested matter. Nothing in this
standing order suggests that Petitioner is entitled to be present
at any hearing.
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This 10th day of April, 2019.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT JUDGE
MIDDLE DISTRICT OF GEORGIA
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