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16-1066 - Smith v. USA

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16-1066 - Smith v. USA
July 1, 2016
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy ofmovants § 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, withinforty-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. 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner Quantraill Earl Smith Response to Court due by 8/15/2016.. Signed by District Judge John A. Ross on 7/1/16. (KKS)
January 17, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner's pro se 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 01/17/17. (KKS)