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15-1440 - Gilliam v. USA


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15-1440 - Gilliam v. USA
September 24, 2015
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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 instant § 2255 motion and amended 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 movants arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing a second 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 11/8/2015.) Signed by District Judge Audrey G. Fleissig on 9/24/2015. (NEB)
March 19, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner Terry Gilliams motion filed under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence is DENIED. IT IS FURTHER ORDERED that this Court will not issue a Certificate of Appealability as Petitioner has not made a substantial showing of the denial of a federal constitutional right as required by 28 U.S.C. § 2253(c)(2). Signed by District Judge Audrey G. Fleissig on 03/19/2018. (KCB)