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16-1061 - Adams v. USA


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16-1061 - Adams v. USA
July 6, 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 Southern District of Illinois. IT IS FURTHER ORDERED that the Clerk should enter Federal Public Defender Phillip J. Kavanaugh as counsel for movant in this action so that the Office of the Federal Public Defender in the Southern District of Illinois shall receive notice of all filings in this case. 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 fortyfive (45) days. ( Response to Court due by 8/20/2016.), Attorney Phillip Kavanaugh for Curtis Adams added. Attorney St. Louis Fed Public Defender terminated. Signed by District Judge Catherine D. Perry on July 6, 2016. (Copy of Memorandum and Order sent to:Curtis Adams, 35592-044,TERRE HAUTE - USP, P.O. BOX 33,Terre Haute, IN 47808 this date.)(MCB)
September 8, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that movant's motion for evidentiary hearing [Doc. #9] is DENIED without prejudice. Signed by District Judge Catherine D. Perry on September 8, 2016. (MCB)