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16-1071 - Carter v. USA


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16-1071 - Carter v. USA
July 11, 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 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 Henry Edward Autrey on 7/11/2016. (Response to Court due by 8/25/2016.) (Cc: FPD)(GGB)
September 6, 2016
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Public Defender must notify the Court no later than Wednesday, September 21, 2016, whether it intends to represent movant on this matter. Response to Court due by 9/21/2016. Signed by District Judge Henry Edward Autrey on 9/6/16. (CLA)
February 2, 2017
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Signed by District Judge Henry Edward Autrey on 2/2/17. (KJS)OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that movants request to stay this action pending the United States Supreme Courts decision in Beckles v. United States, -- U.S.--, 136 S.Ct. 2510, No. 15-8544, 2016 WL 1029080 (cert. granted June 27, 2016) [Doc. #8] is GRANTED. IT IS FURTHER ORDERED that movant must give notice to the Court within twenty- eight (28) days of the Supreme Courts decision. IT IS FURTHER ORDERED that the Clerk is directed to administratively close this case.
April 5, 2017
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OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that movants motion to stay this action [Doc. #10] is DENIED AS MOOT. IT IS FURTHER ORDERED that movant shall respond to the Court within thirty (30) days of this Order as to how movant wishes to proceed in this action given the outcome of the Supreme Court case of Beckles v. United States, 137 S.Ct. 886 (2017).( Response to Court due by 5/5/2017.) Signed by District Judge Henry Edward Autrey on 4/5/17. (KJS)