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16-1095 - Owens v. USA


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16-1095 - Owens v. USA
July 7, 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, because the Court is referring this matter to the Federal Public Defender for review, movants motion for appointment of counsel [Doc. 2] is DENIED, without prejudice, as moot. IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty five (45) days. ( Response to Court due by 8/21/2016.) Signed by District Judge Catherine D. Perry on July 7, 2016. (Copy of Movant's motion 2255 forwarded to Federal Public Defender this date.)(MCB)
November 22, 2016
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MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that movant Anthony Owens' motion to withdraw 9 is GRANTED. IT IS FURTHER ORDERED that movant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 1 is DISMISSED. Signed by District Judge Catherine D. Perry on November 22, 2016. (MCB)