Arender v. USA
Petitioner: James Andrew Arender
Respondent: USA
Case Number: 1:2015cv00153
Filed: August 31, 2015
Court: US District Court for the Eastern District of Missouri
Office: Cape Girardeau Office
County: Pemiscot
Presiding Judge: Audrey G. Fleissig
Nature of Suit: Prisoner: Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By: None
RSS Follow case documents by RSS

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
April 3, 2017 Opinion or Order Filing 30 MEMORANDUM AND ORDER re: 17 First AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner James Andrew Arender, 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner James Andrew Arender, 25 Second AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner James Andrew Arender's motion filed under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence is DENIED. IT IS FURTHER ORDERED that a Certificate of Appealability shall issue with respect to Petitioner's claim regarding his Tennessee aggravated burglary conviction. A separate Judgment shall accompany this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 4/3/17. (CSG)
February 9, 2017 Opinion or Order Filing 24 MEMORANDUM AND ORDER re: 21 First MOTION to Amend/Correct 17 First AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner's motion for leave to file a second amended § 2255 petition is GRANTED. (Doc. No. 21.) Petitioner shall file his second amended petition and request for stay no later than seven (7) days from the date of this Memorandum and Order. Signed by District Judge Audrey G. Fleissig on 2/9/17. (CSG)
December 1, 2016 Opinion or Order Filing 20 MEMORANDUM AND ORDER re: 19 MOTION to Expedite filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that Petitioner's motion to expedite, filed his criminal proceeding, Case No. 1:12-cr-00111-AGF (Doc. No. 74), is GRANTED as set fo rth below. IT IS FURTHER ORDERED the Clerk of Court shall notify the United States Probation Office of movant's § 2255 motion to vacate and that it is brought pursuant to the Supreme Court case of Johnson v. United States,135 S.Ct. 2551 (20 15). IT IS FURTHER ORDERED that, within forty-five (45) days of the date of this Memorandum and Order, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to movant's contenti ons under Johnson, whichshall be filed under seal, with access to the Court and the parties who have entered their appearance in this matter. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Probation Office's Disclosure Copy of the Resentence Report, the parties shall file, in movant's criminal case, simultaneous objections to the Resentence Report or statements that they have no objection. Within seven (7) days of such time, the United States Probation Office shall file a final copy of the Resentence Report in movant's criminal case. IT IS FURTHER ORDERED that within fourteen (14) days of the filing of the Final Resentence Report by the Probation Office in the criminal case, the Government shall fil e its response to movant's motion to vacate in this case.IT IS FURTHER ORDERED that any reply to the Governments response to themotion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. IT IS FURTHER ORDERED that, absent extreme good cause, no extensions of time will be granted. Signed by District Judge Audrey G. Fleissig on 12/1/16. (CSG)
September 14, 2016 Opinion or Order Filing 15 MEMORANDUM AND ORDER re: 14 MOTION for Leave to Supplement his 2255 Motion filed by Petitioner James Andrew Arender, 11 MOTION to Withdraw as Attorney filed by Petitioner James Andrew Arender. IT IS HEREBY ORDERED that counsel's motion t o withdraw [ECF No. 11] is DENIED. IT IS FURTHER ORDERED that counsel must file an amended motion to vacate within forty-five (45) days of the date of this Order. IT IS FURTHER ORDERED that Movant's motion to supplement [ECF No. 14] is GRANTED. (Amended/Supplemental Pleadings due by 10/31/2016.) Signed by District Judge Audrey G. Fleissig on 9/14/16. (CSG)
Access additional case information on PACER

Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.

Access this case on the Missouri Eastern District Court's Electronic Court Filings (ECF) System

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?