UNITED STATES OF AMERICA v. WOOD et al

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION
TIMOTHY MICHAEL WOOD, :
:
Petitioner, : Criminal Case No.
: 7:23-cr-16-WLS-ALS
v. :
: 28 U.S.C. § 2255 Case No.
UNITED STATES OF AMERICA, : 7:25-cv-114-WLS-ALS
:
Respondent. :
ORDER
On January 9, 2026, the Court ordered that an evidentiary hearing will be held regarding
Petitioner’s Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255, and it
directed Petitioner to complete a CJA 23 financial affidavit so that the Court could consider
whether to appoint counsel. (Docs. 106, 119). Having found that Petitioner qualifies for appointed
counsel, the Court appointed attorney Rick Daniel Collum. (Docs. 122, 123).
Petitioner’s Motion to Vacate raises several claims of ineffective assistance of counsel, as
follows:
1. Counsel allegedly failed to introduce evidence and subpoena witnesses at the motion
to suppress hearing;
2. Counsel allegedly failed to object to factual statements in Petitioner’s presentencing
investigation report; and,
3. Counsel allegedly failed to file a notice of appeal.
(Doc. 106). Petitioner raises grounds for relief that are based upon claims of ineffective assistance
of counsel, for which a factual basis must be developed by means of an evidentiary hearing, with
Petitioner’s prior counsel present to testify.
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Counsel for both Petitioner and Respondent shall confer with one another to determine a
date in March or April 2026 that is acceptable to the parties and to the Court for the evidentiary
hearing. Counsel shall provide an acceptable date to the Court by emailing same to Courtroom
Deputy Bill Lawrence (Bill_Lawrence@gamd.uscourts.gov) no later than February 13, 2026.
Respondent is DIRECTED to produce Petitioner to provide him sufficient time to confer
with his newly appointed counsel prior to said hearing. Respondent is also DIRECTED to timely
subpoena Petitioner’s former counsel as a witness to said hearing to be examined as to Petitioner’s
claims.
SO ORDERED, this 4th day of February, 2026.
s/ ALFREDA L. SHEPPARD
UNITED STATES MAGISTRATE JUDGE
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