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15-1595 - Creighton v. USA


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15-1595 - Creighton v. USA
October 20, 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 § 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 pursuingmovants 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 fortyfive (45) days. Signed by District Judge Rodney W. Sippel on 10/20/15. (ARL)
June 24, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion to withdraw as counsel for movant and appointment of substitute counsel filed by Diane Dragan, Assistant Federal Public Defender for the Eastern District of Missouri, pursuant to 28 U.S.C. § 2255 [Doc. 20] is GRANTED. IT IS FURTHER ORDERED that the Clerk shall enter Federal Public Defender Phillip J. Kavanaugh as substitute counsel for movant in this action so that the Office of the Federal Public Defender in the Southern District of Illinois shall receive notice of all filings in this case. IT IS FURTHER ORDERED that the Clerk shall forward a copy of movants § 2255 amended motion to Phillip J. Kavanaugh, Federal Public Defender for the Southern District of Illinois, along with a copy of this Memorandum and Order. IT IS FURTHER ORDERED that the Clerk shall notify the United States Probation Office for the Eastern District of Missouri of movants § 2255 amended motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (2015). See Order for further instructions. Signed by District Judge Rodney W. Sippel on 6/24/16. (CAR)
July 16, 2018
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioner Damitrius Creightons Motion to Vacate Sentence and For Resentencing 1 and Amended Motion to Vacate Sentence and For Resentencing 19 are DENIED as moot. IT IS FURTHER ORDERED that Petitioner's Second Amended Motion to Vacate Sentence and For Resentencing 28 is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability will be issued in this matter. An appropriate judgment will accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 7/16/18. (ARL)