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15-227 - Mitchem v. USA


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15-227 - Mitchem v. USA
January 21, 2016
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(VACATED) 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 fortyfive (45) days Response to Court due by 3/7/2016. Signed by District Judge John A. Ross on 1/21/16. (MRS) Modified on 1/28/2016 (JMC).
January 27, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that ground one of the motion is DISMISSED. IT IS FURTHER ORDERED that the Court's Order dated January 21, 2016, [ECF No. 2] is VACATED. Signed by District Judge John A. Ross on 1/27/2016. (JMC)