Luke v. USA
Petitioner: Marty L. Luke
Respondent: USA
Case Number: 1:2015cv00239
Filed: December 21, 2015
Court: US District Court for the Eastern District of Missouri
Office: Cape Girardeau Office
County: Butler
Presiding Judge: Catherine D. Perry
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
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Date Filed Document Text
December 27, 2016 Opinion or Order Filing 20 MEMORANDUM AND ORDER re: 14 AMENDED PETITION for Writ of Habeas Corpus filed by Petitioner Marty L. Luke, 1 MOTION to Vacate, Set Aside or Correct Sentence filed by Petitioner Marty L. Luke. IT IS HEREBY ORDERED that the motion and amended motion to vacate, set aside or correct sentence [1, 14] are denied. IT IS FURTHER ORDERED that the Clerk of Court shall docket a copy of this Memorandum and Order in Luke's Criminal Case No. 1:07CR178 CDP.A separate judgment in accord with this Order is entered in this case today. Signed by District Judge Catherine D. Perry on 12/27/16. (CSG)
September 15, 2016 Opinion or Order Filing 15 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that 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,13 5 S.Ct. 2551 (2015). IT IS FURTHER ORDERED that, within a reasonable time, and in its usual course of business, the United States Probation Office shall prepare and file in movant's criminal case a new Resentence Report relative to movant's contentions under Johnson, which shall be filedunder 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 D isclosure 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 noobjection. Within seven (7) days of such time, the United States Probatio n 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 s hall file its response to movant's motion to vacate in this case.IT IS FURTHER ORDERED that any reply to the Government's response to themotion to vacate shall be filed, in this case, no later than fourteen (14) days from the date the response is filed. Dated this 15th day of September, 2016. Signed by District Judge Catherine D. Perry on 9/15/2016. (cc: U.S. Probation)(JMC)
July 21, 2016 Opinion or Order Filing 7 MEMORANDUM AND ORDER..IT IS HEREBY ORDERED that counsel must inform the Court, no later than seven (7) days from the date of this Order, whether he will represent movant in this action.Response to Court due by 7/28/2016.. Signed by District Judge Catherine D. Perry on 7/21/16. (MRS)
May 24, 2016 Opinion or Order Filing 6 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 Defe nder shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movants 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. Response to Court due by 7/8/2016. Signed by District Judge Catherine D. Perry on 5/24/2016. (JMC)
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