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15-1126 - Givens v. USA


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15-1126 - Givens v. USA
August 25, 2015
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U.S.C. 1631. signed by District Judge Charles A. Shaw(MRC)MEMORANDUM AND ORDER -.... IT IS HEREBY ORDERED that the instant motion to vacate is DENIED, without prejudice, because movant did not obtain permission from the Court of Appeals to bring the motion in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that the Clerk shall TRANSFER the instant motion to the United States Court of Appeals for the Eighth Circuit pursuant to 28 U.S.C. § 1631. TRANSFERRED to the Eighth Circuit Court of appeals pursuant to 28
June 22, 2016
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ORDER - IT IS HEREBY ORDERED that movant's motion to stay and hold in abeyance the instant closed action pending the United States Court of Appeals for the Eighth Circuit's ruling on his request for certification to proceed with a second petition for habeas corpus based on the new constitutional rule announced in Johnson v. United States, 135 S. Ct. 2551 (2015) is DENIED without prejudice for lack of subject matter jurisdiction. [Doc. 7]. Signed by District Judge Charles A. Shaw on 6/22/2016. (MRC)