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15-242 - Winters v. USA

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15-242 - Winters v. USA
January 4, 2016
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MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of the defendants motion [Doc. # 1] to the Office of the Federal Public Defender for the Eastern District of Missouri.IT IS FURTHER ORDERED that, within forty-five (45) days of the date of this Order, the Federal Public Defender shall file either (1) an amended motion to vacate brought pursuant to 28 U.S.C. § 2255 or (2) a request in the United States Court of Appeals for leave to bring a successive § 2255 motion, if such is required by 28 U.S.C. § 2244(b)(3).IT IS FURTHER ORDERED that the court will hold this matter in abeyance for forty-five (45) days. Amended/Supplemental Pleadings due by 2/19/2016.. Signed by District Judge Carol E. Jackson on 1/4/16. (MRS)
July 11, 2017
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MEMORANDUM..For the reasons discussed above, the Court concludes that Winters is not entitled to relief under 28 U.S.C. § 2255 based on the claim he asserts in the motion to vacate. Therefore, the motion will be denied without a hearing. See Engelen v. United States, 68 F.3d 238, 240 (8th Cir. 1995). Additionally, the Court finds that Winters has not made a substantial showing of the denial of a constitutional right. Therefore, no certificate of appealability will be issued. See 28 U.S.C. § 2253. Signed by District Judge Carol E. Jackson on 7/11/17. (MRS)