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16-196 - Zell v. USA


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16-196 - Zell v. USA
February 24, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants § 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 movants motion for leave to file a supporting memorandum [Doc. 2] is GRANTED. IT IS FURTHER ORDERED that movants motion for leave to proceed in forma pauperis [Doc. 3] is DENIED as moot, because there is no fee for filing a federal habeas corpus action. IT IS FURTHER ORDERED that movants motion for transcripts [Doc. 4] is DENIED, without prejudice, pending the Federal Defenders review of this case. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. (copy of motion sent to FPD) Signed by District Judge John A. Ross on 2/24/2016. (KMS)
August 9, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Petitioner's Motion for Appointment of Alternate Counsel 11 is DENIED. IT IS FURTHER ORDERED that Petitioner's Motion to Strike as Premature and Non-Responsive or in the Alternative, Motion to Hold Above-Captioned Cause in Abeyance Until Supreme Court Decides Welch v. United States 12 is DENIED as moot.IT IS FURTHER ORDERED that Petitioner is granted sixty (60) days to file a reply to the Government's Response in Opposition to Petitioners § 2255 motion, up to and including Tuesday, October 11, 2016. ( Response to Court due by 10/11/2016.). Signed by District Judge John A. Ross on 8/9/16. (KKS)
January 10, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 1 is DENIED, and his claims are DISMISSED with prejudice. A separate judgment of dismissal will accompany this Memorandum and Order. IT IS FURTHER ORDERED that because Petitioner cannot make a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998). Signed by District Judge John A. Ross on 01/10/2017. (CLO)