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17-023 - Mathis v. USA


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17-023 - Mathis v. USA
February 22, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants § 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 forty-five (45) days. Response to Court due by 4/10/2017. Signed by District Judge Stephen N. Limbaugh, Jr on 2/22/17. (CSG)
September 27, 2017
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MEMORANDUM AND ORDER re:3 MOTION for Hearing filed by Petitioner Johnnie D. Mathis, 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner Johnnie D. Mathis, 2 MOTION to Stay filed by Petitioner Johnnie D. Mathis. For the foregoing reasons, Mathis' petition is DENIED. IT IS FURTHER ORDERED this Court will not issue a certificate of appealability because Mathis has not made a substantial showing of the denial of a federal constitutional right. Signed by District Judge Stephen N. Limbaugh, Jr on 9/27/17. (CSG)