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16-059 - Suppressed v. USA


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16-059 - Suppressed v. USA
March 24, 2016
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OPINION MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to administratively terminate defendant's motion for relief from judgment [Doc. #136] and to open it as a new civil action under 28 U.S.C. § 2255. The Clerk should note that this is a Johnson action. IT IS FURTHER ORDERED that the Clerk shall provide defendant with a copy of the court form for filing a petition under 28 U.S.C. § 2255. IT IS FURTHER ORDERED that defendant shall have thirty (30) days from the date the new case is opened to file a copy of his petition, pursuant to 28 U.S.C. § 2255, containing all of his claims for relief, including those claims arising under Johnson, on the court form.IT IS FURTHER ORDERED that defendant's failure to comply with the present Memorandum and Order will result in a dismissal of the new action, filed pursuant to 28 U.S.C. § 2255, without prejudice. Amended/Supplemental Pleadings due by 4/25/2016. Signed by District Judge Henry Edward Autrey on 3/24/16. (CSG)