Niswonger v. USA
Petitioner: Gary A. Niswonger
Respondent: USA
Case Number: 4:2016cv01097
Filed: July 1, 2016
Court: US District Court for the Eastern District of Missouri
Office: St. Louis Office
County: Jefferson
Presiding Judge: Ronnie L. White
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
May 15, 2019 Opinion or Order Filing 9 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Petitioner Gary A. Niswonger's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. §2255 (Doc. No. 1 ) is DENIED. IT IS FURTHER ORDERED that because Movant cannot make a su bstantial 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, 119 S. Ct. 89, 142 L. Ed. 2d 70 (1998). Signed by District Judge Ronnie L. White on 5/15/2019. (AFC)
July 25, 2016 Opinion or Order Filing 2 MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant's § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public D efender shall notify this Court, within forty-five ( 45) days of the date of this Memorandum and Order, whether it will be pursuing movant's arguments under Johnson, either by filing a written notice in this action of their intent not to repre sent 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 Office of the Public Defender for the Eastern District of Missouri.) Signed by District Judge Ronnie L. White on 07/25/2016. (KCB)
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Petitioner: Gary A. Niswonger
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Respondent: USA
Represented By: Tiffany G. Becker(Designation Assistant US Attorney)
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