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16-892 - Dean v. USA


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16-892 - Dean v. USA
July 18, 2016
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MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that Petitioner's motion to hold this case in abeyance pending a decision from the United States Court of Appeals for the Eighth Circuit on Petitioners petition to file a successive habeas action [Doc. #2] is DENIED without prejudice. IT IS FURTHER ORDERED that Petitioner's motion to vacate is DENIED, without prejudice, because Petitioner has not yet obtained permission from the United States Court of Appeals for the Eighth Circuit to bring the motion in this Court. See 28 U.S.C. ยง 2255(h). IT IS FURTHER ORDERED that no certificate of appealability shall issue. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 7/18/2016. (MRC)