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15-1959 - Love v. USA

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15-1959 - Love v. USA
January 7, 2016
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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 Section 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 movants arguments under Johnson. The Public Defender shall file a written notice in this action of their intent not to represent movant, file an amended motion to vacate, brought pursuant to 28 U.S.C. Section 2255, also in this action, or request, in the Court of Appeals, leave to bring a successive Section 2255 motion, as required by 28 U.S.C. Section 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 2/22/2016. Signed by District Judge E. Richard Webber on January 7, 2016. (Copy of Memorandum and Order sent to: Robert Carlos Love, #32591-044, BIG SANDY U.S. PENITENTIARY,P.O. BOX 2068, INEZ, KY 41224 this date and a copy of the Movant's 2255 motion sent to Lee Lawless with the Federal Publis Defender's office this date.(MCB)
February 23, 2016
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MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that movant's motion to vacate under 28 U.S.C. ยง 2255 is DENIED, and this action is DISMISSED. An Order of Dismissal will be filed separately. Signed by District Judge E. Richard Webber on 2/23/16. (EAB) (Copy of documents 5 and 6 mailed to movant Robert Love on 2/24/16).(EAB).