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15-139 - Shoemake v. USA


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15-139 - Shoemake v. USA
August 24, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant's arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3).IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Signed by District Judge Stephen N. Limbaugh, Jr on 8/24/15. (CSG)
September 28, 2015
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(VACATED) MEMORANDUM AND ORDER: The holding in Johnson does not apply to Chapter Four career offender enhancements, and therefore, Johnson does not provide Shoemake with an avenue for relief. Because Johnson is not available to Shoemake, the motion is time-barred. Under § 2255(f)(1), Shoemake had one year from the day the judgment became final to file a § 2255 motion. The one-year period expired on August 5, 2014. Fed. R. App. P. 4(b). Finally, Shoemake has failed to show "that jurists of reason would find it debatable whether the petition" is time-barred. Khaimov v. Crist, 297 F.3d 783, 785 (8th Cir. 2002) (quotation omitted). Thus, the Court will not issue a certificate of appealability. 28 U.S.C. § 2253(c). Signed by District Judge Stephen N. Limbaugh, Jr on 9/28/2015. (JMC) Modified on 10/9/2015 (JMC).
October 9, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Court's Orders dated September 28, 2015, are VACATED. IT IS FURTHER ORDERED that the Clerk is directed to place this case on the open docket. IT IS FURTHER ORDERED that this case is held in ABEYANCE until further notice from the Court. Signed by District Judge Stephen N. Limbaugh, Jr on 10/9/2015. (JMC)
May 2, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant's arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Response to Court due by 6/16/2016. Signed by District Judge Stephen N. Limbaugh, Jr on 5/2/2016. (JMC)