Diaz v. USA
||November 7, 2016
||US District Court for the Eastern District of Missouri
||St. Louis Office
||St. Louis - County
||John A. Ross
|Nature of Suit:
||Motions to Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255
|Jury Demanded By:
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|November 9, 2016
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that this case is administratively terminated and will not be considered a motion to vacate brought pursuant to 28 U.S.C. § 2255. IT IS FURTHER ORDERED that a copy ofmovant's motion shall be trans ferred to his criminal case, United States v. Diaz, No. 4:15CR00009 JAR, and filed as a motion for reduction in sentence, brought pursuant to Rule 35 of the Rules of Criminal Procedure and/or a § 3582 motion. The government shall respond to movant' s motion in a reasonable time, as set forth in the Federal Rules of Civil Procedure. IT IS FURTHER ORDERED that no certificate of appealability shall issue. Signed by District Judge John A. Ross on 11/9/16. (JAB)
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