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16-914 - Fleming v. USA


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16-914 - Fleming v. USA
June 30, 2016
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MEMORANDUM AND ORDER. (See Full 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 movant's 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 Catherine D. Perry on 6/30/2016. (Petition sent to FPD Brocca Morrison via interoffice mail. Copy of Order sent to Mr. Fleming at FCI Petersburg Low via U.S. mail. )(CBL)