Blum v. USA
| Chester Blum |
| USA |
| 4:2016cv00782 |
| May 31, 2016 |
| US District Court for the Eastern District of Missouri |
| St. Louis Office |
| St. Louis - City |
| Rodney W. Sippel |
| Motions to Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing
7
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movants motion to hold this case in abeyance pending a decision from the United States Court of Appeals for the Eighth Circuit on movants petition to file a successive habeas action 6 is DENIED witho ut prejudice. IT IS FURTHER ORDERED that movants motions to vacate 1 , 5 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 motion in this Cour t. 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 Order to the Federal Public Defender. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 7/11/16. (CAR)
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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 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) (Response to Court due by 7/29/2016). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Signed by District Judge Rodney W. Sippel on 6/15/16. (CAR)
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