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17-362 - Parker v. Shartle


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17-362 - Parker v. Shartle
February 1, 2017
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk is directed to send petitioner a form for applying for a 28 U.S.C. § 2254 writ of habeas corpus, as well as a form motion to vacate in order to bring a 28 U.S.C. § 2255 action.IT IS FURTHER ORDERED that, no later than twenty-eight (28) days from this Order, petitioner must file an amended application for § 2254 habeas corpus in this matter. IT IS FURTHER ORDERED that if petitioner wishes to pursue his Johnson v. United States, 135 S.Ct. 2551 (2015), claims relating to his federal convictions and sentences, he must file those claims on a § 2255 form in the United States District Court for the Western District of Missouri. Response to Court due by 3/1/2017. Signed by Magistrate Judge Shirley Padmore Mensah on 2/1/17. cc: forms mailed.(CLA)
March 7, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court shall provide petitioner with a copy of the February 1, 2017 Memorandum and Order at petitioner's new address provided on the Court's docket. IT IS FURTHER ORDERED that the Clerk shall provide petitioner with copies of the court's forms mentioned in the February 1, 2017 Memorandum and Order. IT IS FURTHER ORDERED that petitioner shall respond to the Court's February 1, 2017 Memorandum and Order within thirty (30) days of the date of this Order(Response to Court due by 4/6/2017). IT IS FURTHER ORDERED that petitioner's failure to respond will result in a dismissal of this action without prejudice. Signed by Magistrate Judge Shirley Padmore Mensah on 3/7/17. (CAR)
December 28, 2017
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MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that petitioners motion to proceed in forma pauperis [Doc. #12] is GRANTED. IT IS FURTHER ORDERED that no order to show cause shall issue at this time as to respondent, because the instant petition appears to be time-barred under 28 U.S.C. ' 2244(d). IT IS FURTHER ORDERED that petitioner shall show cause within thirty (30) days of the date of this Order as to why the Court should not dismiss the instant application for a writ of habeas corpus as time-barred. Petitioner's failure to file a show cause response shall result in the denial of the instant habeas corpus petition and the dismissal of this action. IT IS FURTHER ORDERED that petitioners motion for case status [Doc. #18] is DENIED AS MOOT. Signed by District Judge Audrey G. Fleissig on 12/28/2017. (KCB)
February 13, 2018
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that that petitioner's amended application for writ of habeas corpus brought pursuant to 28 U.S.C. § 2254 is DENIED AND DISMISSED as time-barred. Rule 4 of the Rules Governing Habeas Corpus Proceedings. IT IS FURTHER ORDERED that petitioners motion for order to show cause [Doc. #20] is DENIED. IT IS FURTHER ORDERED that no certificate of appealability shall issue. Signed by District Judge Audrey G. Fleissig on February 13, 2018. (BRP)