Howard v. United States of America
Petitioner: Derrick Howard
Respondent: United States of America
Case Number: 4:2016cv01084
Filed: July 5, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: St. Louis - City
Presiding Judge: Jean C. Hamilton
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28 U.S.C. ยง 2255
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
December 7, 2017 Opinion or Order Filing 20 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Movant=s Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (ECF No. 2) is DENIED, and his claim is DISMISSED with prejudice. An Order of Dismissal will accompany this Mem orandum and Order.IT IS FURTHER ORDERED that because Movant cannot make a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability. See Cox v.Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998). Signed by District Judge Jean C. Hamilton on 12/7/17. (CLA)
July 11, 2016 Opinion or Order Filing 3 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants amended § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Def ender 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 the Court shall hold this matter in abeyance for fortyfive(45) days.. Signed by District Judge Jean C. Hamilton on 7/11/16. (CLA)
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