Haley v. USA
| Gerald Haley |
| USA |
| 4:2016cv00754 |
| May 26, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| Randolph |
| Audrey G. Fleissig |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
11
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant's motions 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 [Do c. Nos. 9 and 10 ] are DENIED without prejudice. IT IS FURTHER ORDERED that movant's motion to vacate [Doc. No. 8 ] 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 Audrey G. Fleissig on July 11, 2016. (BRP)
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Filing
6
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 . 5 ] is DENIED without prejudice. IT IS FURTHER ORDERED that the instant motion to vacate is DENIED [Doc. 1 ], without prejudice, because movant has not yet obtained permission from the United States Court of Appeals for the Eighth Circuit to br ing the motion in this Court. See 28 U.S.C. § 2255(h). IT IS FURTHER ORDERED that movants motion for appointment of counsel [Doc. 2 ] is DENIED as moot. 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 Audrey G. Fleissig on 6/21/2016. (A copy of this Order was forwarded to the Federal Public Defender.) (NEB)
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Filing
3
MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defende r 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 fortyfive (45) days. (A copy of movant's 2255 motion hand delivered to the Public Defendaer.) Signed by District Judge Audrey G. Fleissig on 06/01/2016. (KCB)
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