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16-034 - Tessmer v. USA


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16-034 - Tessmer v. USA
January 22, 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 § 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, 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 forty-five (45) days.. Signed by District Judge Rodney W. Sippel on 1/22/16. (LGK)
May 25, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner Tessmer's ineffective assistance of counsel claim is dismissed as time-barred. Tessmer's claim for relief under Johnson remains pending.. Signed by District Judge Rodney W. Sippel on 5/25/16. (LGK)