Kerry v. United States of America

Kerry v. United States of America

Petitioner:	Charles Kerry
Respondent:	United States of America
Case Number:	4:2010cv01917
Filed:	October 7, 2010
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	St. Louis - County
Presiding Judge:	Catherine D. Perry
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
November 16, 2010	Filing 6 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that movant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is DISMISSED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. A separate Order of Dismissal will be filed with this Memorandum and Order. Signed by Honorable Catherine D. Perry on 11/16/10. (KLH)
October 20, 2010	Filing 2 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that movant shall have thirty (30) days from the date of this Order to formally consent, in writing, to the Court's characterization of the instant filing as § 2255 motion. IT IS FURTHER ORDERED t hat if movant consents to the characterization, then he must file an amended § 2255 motion on the Court-provided form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if movant does not consent to the characterizati on of the instant filing as a § 2255 motion, or if movant fails to timely respond to this Order, then the Court will dismiss the action without prejudice and without characterizing the filing as a § 2255 motion. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. Response to Court due by 11/19/2010. Signed by Honorable Catherine D. Perry on 10/20/10. (KLH)

Date Filed

Document Text

November 16, 2010

Filing 6 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that movant's motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is DISMISSED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. A separate Order of Dismissal will be filed with this Memorandum and Order. Signed by Honorable Catherine D. Perry on 11/16/10. (KLH)

October 20, 2010

Filing 2 MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that movant shall have thirty (30) days from the date of this Order to formally consent, in writing, to the Court's characterization of the instant filing as § 2255 motion. IT IS FURTHER ORDERED t hat if movant consents to the characterization, then he must file an amended § 2255 motion on the Court-provided form within thirty (30) days of the date of this Order. IT IS FURTHER ORDERED that if movant does not consent to the characterizati on of the instant filing as a § 2255 motion, or if movant fails to timely respond to this Order, then the Court will dismiss the action without prejudice and without characterizing the filing as a § 2255 motion. IT IS FURTHER ORDERED that the Clerk shall mail to plaintiff a copy of the Court's form motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. Response to Court due by 11/19/2010. Signed by Honorable Catherine D. Perry on 10/20/10. (KLH)

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Respondent: United States of America
Represented By:	Allison H. Behrens
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Petitioner: Charles Kerry
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