Lyons v. USA
| Corey D. Lyons |
| USA |
| 1:2016cv00113 |
| May 31, 2016 |
| US District Court for the Eastern District of Missouri |
| Cape Girardeau Office |
| Cape Girardeau |
| Catherine D. Perry |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
16
MEMORANDUM AND ORDER re: 15 MOTION to Stay filed by Petitioner Corey D. Lyons, 14 MOTION to Reopen Case filed by Petitioner Corey D. Lyons. IT IS HEREBY ORDERED that movant's motion to reopen case 14 is granted, and his motions to vaca te, set aside or correct sentence [1, 3] under 28 U.S.C. § 2255 are DENIED. IT IS FURTHER ORDERED that movant's motion to stay 15 is deniedas moot. IT IS FURTHER ORDERED that the Court will not issue a Certificate ofAppealability under 28 U.S.C. § 2253. A separate judgment in accord with this Memorandum and Order is entered this same date. Signed by District Judge Catherine D. Perry on 12/18/19. (CSG)
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Filing
2
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 De fender 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 the Court shall hold this matter in abeyance for forty-five(45) days. Response to Court due by 7/18/2016. Signed by District Judge Catherine D. Perry on 6/2/16. (CSG)
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