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16-631 - Webb v. USA


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16-631 - Webb v. USA
June 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 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 the Court shall hold this matter in abeyance for fortyfive (45) days. Signed by District Judge Jean C. Hamilton on 6/7/16. (KJS)
July 25, 2016
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED the Clerk of Court is directed to forward a copy of thisMemorandum and Order, as well as the Courts June 7, 2016 Memorandum and Order, to the Office of the Federal 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 Order, whether it will be pursuing movants arguments under Johnson, either by filing a written notice in this action of their intent to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in thisaction, 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). Response to Court due by 8/29/2016. Signed by District Judge Jean C. Hamilton on 7/25/16. (CLA)
September 28, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Public Defender must notify the Court no later than Friday, October, 28, 2016, whether it intends to represent movant on this matter. Signed by District Judge Jean C. Hamilton on 9/28/16. (KJS)
February 13, 2017
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movants motion to stay and abey this action [Doc. #9] pending certification from the Eighth Circuit Court of Appeals is DENIED. IT IS FURTHER ORDERED that the instant motion to vacate is DENIED, without prejudice, because movant did not obtain permission from the Eighth Circuit Court of Appeals to bring the motion in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that this action will be DISMISSED as SUCCESSIVE.IT IS FURTHER ORDERED that no Certificate of Appealability shall issue. An Order of Dismissal shall accompany this Memorandum and Order. 9 Signed by District Judge Jean C. Hamilton on 2/13/17. (CLA)