Hornburg v. USA

Hornburg v. USA

Petitioner:	Gary Wayne Hornburg
Respondent:	USA
Case Number:	1:2016cv00167
Filed:	June 27, 2016
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
County:	New Madrid
Presiding Judge:	Jean C. Hamilton
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
July 18, 2016	Filing 5 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's motion to hold this case in abeyance pending a decision from the United States Court of Appeals for the Eighth Circuit on movant's petition to file a successive habeas action [Doc. # 4] is DENIED without prejudice. IT IS FURTHER ORDERED that movant's motions to vacate are DENIED, without prejudice, because movant has not yet obtained permission from the United States Court of Appeals for the Eighth Circuit to bring the motio n in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that no certificate of appealability shall issue. IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Orderto the Federal Public Defender. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Jean C. Hamilton on 7/18/2016. (JMC)

Date Filed

Document Text

July 18, 2016

Filing 5 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's motion to hold this case in abeyance pending a decision from the United States Court of Appeals for the Eighth Circuit on movant's petition to file a successive habeas action [Doc. # 4] is DENIED without prejudice. IT IS FURTHER ORDERED that movant's motions to vacate are DENIED, without prejudice, because movant has not yet obtained permission from the United States Court of Appeals for the Eighth Circuit to bring the motio n in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that no certificate of appealability shall issue. IT IS FURTHER ORDERED that the Clerk is directed to forward a copy of this Orderto the Federal Public Defender. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Jean C. Hamilton on 7/18/2016. (JMC)

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Respondent: USA
Represented By:	Tiffany G. Becker(Designation Assistant US Attorney)
Represented By:	Keith D. Sorrell(Designation Assistant US Attorney)
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Petitioner: Gary Wayne Hornburg
Represented By:	Lucille G. Liggett(Designation Public Defender or Community Defender Appointment)
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