Johnston v. USA

Johnston v. USA

Petitioner:	Dewey C. Johnston
Respondent:	USA
Case Number:	1:2016cv00116
Filed:	June 1, 2016
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
County:	Scott
Presiding Judge:	Henry E. Autrey
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
June 14, 2016	Filing 5 OPINION MEMORANDUM AND ORDER OF TRANSFER: IT IS HEREBY ORDERED that the instant motion to vacate is DENIED, without prejudice, because movant has not yet obtained permission from the United States Court of Appeals for the Eighth Circuit to bring the motion in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Order to the Federal Public Defender. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 6/14/2016. (JMC)
June 3, 2016	Filing 3 OPINION, 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 Pu blic Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuingmovants 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 movants motion for appointment of counsel [Doc. 2] is DENIED at this time, without prejudice. 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 Henry Edward Autrey on 6/3/16. (MRS) Modified on 6/3/2016 (MRS).

Date Filed

Document Text

June 14, 2016

Filing 5 OPINION MEMORANDUM AND ORDER OF TRANSFER: IT IS HEREBY ORDERED that the instant motion to vacate is DENIED, without prejudice, because movant has not yet obtained permission from the United States Court of Appeals for the Eighth Circuit to bring the motion in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Order to the Federal Public Defender. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Henry Edward Autrey on 6/14/2016. (JMC)

June 3, 2016

Filing 3 OPINION, 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 Pu blic Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuingmovants 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 movants motion for appointment of counsel [Doc. 2] is DENIED at this time, without prejudice. 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 Henry Edward Autrey on 6/3/16. (MRS) Modified on 6/3/2016 (MRS).

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Respondent: USA
Represented By:	Tiffany G. Becker(Designation Assistant US Attorney)
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Petitioner: Dewey C. Johnston
Represented By:	Cape Fed Public Defender(Designation Public Defender or Community Defender Appointment)
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