Mixon v. USA

Mixon v. USA

Petitioner:	Ricky Mixon
Respondent:	USA
Case Number:	1:2012cv00141
Filed:	August 23, 2012
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
County:	Cape Girardeau
Presiding Judge:	Stephen N. Limbaugh
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
October 10, 2012	Filing 5 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that within fourteen (14) days from the date of this Memorandum and Order, movant must either withdraw the instant petition for writ of certiorari or consent to the Court's reclassification of the motio n as one brought pursuant 28 U.S.C. § 2255. Movant shall advise the Court of his choice, in writing. IT IS FURTHER ORDERED that if movant decides to pursue this action under 28 U.S.C. § 2255, he must file an amended motion to vacate on a co urt provided form within fourteen (14) days of the date of this Memorandum Order. IT IS FURTHER ORDERED that movants failure to file an amended motion to vacate within fourteen (14) days of the date of this Memorandum and Order will result in a dismi ssal of this action, without prejudice. IT IS FURTHER ORDERED that the Clerk shall mail to movant a copy ofthe Court's form Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or CorrectSentence. Response to Court due by 10/24/2012. Signed by District Judge Stephen N. Limbaugh, Jr on 10/10/12. (MRS) (copy of 2255 forms sent with order) Modified on 10/10/2012 (MRS).
August 29, 2012	Filing 2 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that movant shall be granted thirty (30) days from the date of this Memorandum and Order either to withdraw the instant petition for writ of certiorari or to consent to the Court's reclassification of the motion as one brought pursuant 28 U.S.C. § 2255. Movant shall advise the Court of his choice, in writing. IT IS FURTHER ORDERED that if movant decides to pursue this action under 28 U.S.C. § 2255, he shall file an amended motion to vaca te on a courtprovided form within thirty (30) days of the date of this Memorandum Order. IT IS FURTHER ORDERED that the Clerk shall mail to movant a copy of the Court's form Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence. Response to Court due by 10/1/2012. Signed by District Judge Stephen N. Limbaugh, Jr on 8/29/12. (MRS)

Date Filed

Document Text

October 10, 2012

Filing 5 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that within fourteen (14) days from the date of this Memorandum and Order, movant must either withdraw the instant petition for writ of certiorari or consent to the Court's reclassification of the motio n as one brought pursuant 28 U.S.C. § 2255. Movant shall advise the Court of his choice, in writing. IT IS FURTHER ORDERED that if movant decides to pursue this action under 28 U.S.C. § 2255, he must file an amended motion to vacate on a co urt provided form within fourteen (14) days of the date of this Memorandum Order. IT IS FURTHER ORDERED that movants failure to file an amended motion to vacate within fourteen (14) days of the date of this Memorandum and Order will result in a dismi ssal of this action, without prejudice. IT IS FURTHER ORDERED that the Clerk shall mail to movant a copy ofthe Court's form Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or CorrectSentence. Response to Court due by 10/24/2012. Signed by District Judge Stephen N. Limbaugh, Jr on 10/10/12. (MRS) (copy of 2255 forms sent with order) Modified on 10/10/2012 (MRS).

August 29, 2012

Filing 2 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that movant shall be granted thirty (30) days from the date of this Memorandum and Order either to withdraw the instant petition for writ of certiorari or to consent to the Court's reclassification of the motion as one brought pursuant 28 U.S.C. § 2255. Movant shall advise the Court of his choice, in writing. IT IS FURTHER ORDERED that if movant decides to pursue this action under 28 U.S.C. § 2255, he shall file an amended motion to vaca te on a courtprovided form within thirty (30) days of the date of this Memorandum Order. IT IS FURTHER ORDERED that the Clerk shall mail to movant a copy of the Court's form Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence. Response to Court due by 10/1/2012. Signed by District Judge Stephen N. Limbaugh, Jr on 8/29/12. (MRS)

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Petitioner: Ricky Mixon
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Respondent: USA
Represented By:	Keith D. Sorrell
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