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17-013 - Swim v. USA

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17-013 - Swim v. USA
January 20, 2017
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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 rnovant, 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. § 224L}(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 3/6/2017. Signed by District Judge John A. Ross on 1/19/17. (MRS)