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07-1473 - Blake v. United States of America


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07-1473 - Blake v. United States of America
October 24, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movant Jessie Blakes Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody is DENIED in part and held in abeyance in part; said Motion is DENIED with respect to the claims asserted in Grounds One, Two and Three, and held in abeyance pending an evidentiary hearing with respect to movantsassertion that counsel failed to file a notice of appeal. [Doc. 1] IT IS FURTHER ORDERED that the Court will hold an evidentiary hearing to determinethe facts relating to the alleged failure to file a notice of appeal on the part of movants counsel. IT IS FURTHER ORDERED that attorney Ms. Carter Collins Law of Law & Schriener, LLC, 141 N. Meramec Avenue, Suite 314, St. Louis, Missouri 63104, telephone number (314) 721-7095, is appointed to represent Jessie Blake at the evidentiary hearing concerning the alleged failure of movants prior counsel to file a notice of appeal. The Clerk of the Court shall provide movants appointed counsel with a complete copy of the Court file. IT IS FURTHER ORDERED that the presence and participation of Jessie Blake, Inmate #32891-044, is required for the evidentiary hearing, which will be held before this Court on Tuesday, December 2, 2008, at 9:30 a.m. in Courtroom No. 12-N. IT IS FURTHER ORDERED that the United States Marshal Service shall transport Movant from FCI Greenville, in Greenville, Illinois, to this Court, to attend this hearing. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability as to any of the dismissed claims raised in movants § 2255 motion. An appropriate partial judgment will accompany this memorandum and order.Signed by Honorable Charles A. Shaw on 10/24/08. ( THREE CERTIFIED COPIES OF THIS ORDER FORWARDED TO THE UNITED STATES MARSHAL SERVICE) (JWJ)