Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

16-116 - Johnston v. USA


Download Files

Metadata

Document in Context
16-116 - Johnston v. USA
June 3, 2016
PDF | More
OPINION, 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 pursuingmovants 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 movants motion for appointment of counsel [Doc. 2] is DENIED at this time, without prejudice. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. ( Response to Court due by 7/18/2016.). Signed by District Judge Henry Edward Autrey on 6/3/16. (MRS) Modified on 6/3/2016 (MRS).
June 14, 2016
PDF | More
OPINION MEMORANDUM AND ORDER OF TRANSFER: IT IS HEREBY ORDERED that the instant motion to vacate is DENIED, without prejudice, because movant has not yet obtained permission from the United States Court of Appeals for the Eighth Circuit to bring the motion in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Order to the Federal Public Defender. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 6/14/2016. (JMC)