Simmons v. USA
| Kokayi Simmons |
| USA |
| 4:2021cv00729 |
| June 21, 2021 |
| US District Court for the Eastern District of Missouri |
| Audrey G Fleissig |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
Docket Report
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This docket was last retrieved on September 15, 2021. A more recent docket listing may be available from PACER.
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Filing 6
MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant shall show cause, in writing and no later than thirty (30) days from the date of this Order, why the instant 2255 motion should not be denied and dismissed as time-barred. IT IS FURTHER ORDERED that if movant fails to comply with this Order, his 2255 motion will be dismissed without further proceedings. (Show Cause Response due by 8/26/2021.) Signed by District Judge Audrey G. Fleissig on 7/27/2021. (AFO)
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ORDER RECEIPT: (see receipt) Docket No: 6. Mailed to non-electronic party this date. Tue Jul 27 11:59:09 CDT 2021 (Ojolola, Abby)
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| Filing 5 AMENDED MOTION TO VACATE/SET ASIDE/CORRECT SENTENCE re #2 MOTION to Vacate, Set Aside or Correct Sentence by Petitioner Kokayi Simmons. (Attachments: #1 Envelope)(AFO) |
| Filing 4 Letter to Clerk of Court from Kokayi Simmons re:Copy of 2255 Form. Clerk mailed second form to K. Simmons this date. (AFO) |
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ORDER RECEIPT: (see receipt) Docket No: 3. Mon Jun 28 08:35:58 CDT 2021 (Parker, Jacqueline)
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Filing 3
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk is directed to mail to petitioner a copy of the Courts form Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a person in federal custody. IT IS FURTHER ORDERED that, within thirty (30) days of the date of this Order, petitioner shall either file an amended motion on the Court-provided form with all of the claims he wishes to bring, or he shall withdraw his motion to vacate. IT IS FINALLY ORDERED that if petitioner fails to comply with this Order, the Court will assume petitioner wishes to withdraw his motion to vacate and this action will be dismissed without prejudice. Signed by District Judge Audrey G. Fleissig on 6/25/2021. (JMP) (cc: 2255 form mailed on this day.) (Additional attachment(s) added on 6/28/2021: #1 Form 2255 Form) (JMP)
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| Filing 2 Document worded, "MOTION for: "Rehalf Act" docketed as MOTION to Vacate, Set Aside or Correct Sentence (pursuant to Court Order) by Petitioner Kokayi Simmons. (DLB) |
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Filing 1
MEMORANDUM AND ORDER - This matter is before the Court on its own motion. Defendant has filed a motion for relief from judgment pursuant to Rehaif v. United States, 139 S.Ct. 2191 (2019). The Court finds that the motion should be administratively terminated and opened as a new case under 28 U.S.C. 2255. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to administratively terminate defendants motion for relief from judgment [ECF No.63] and to open it as a new civil action under 28 U.S.C. 2255. IT IS FURTHER ORDERED that upon opening the civil action under 28 U.S.C. 2255, the Court will require defendant to file an amended motion to vacate upon a court-provided form. Because this will be defendants first-filed motion to vacate, brought pursuant to 28 U.S.C. 2255, the Court will provide defendant the opportunity at that time to withdraw his motion to vacate or include within his amended motion to vacate all of the 2255 claims he believes he has. See Morales v. United States, 304 F.3d 764, 767 (8th Cir. 2002). Signed by District Judge Audrey G. Fleissig on 6/21/2021. (DLB)
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| ***Complaint Letter Created. This is to advise you that this office has received and filed your complaint and has assigned it the above-referenced case number. (DLB) |
| Case Opening Notification: Judge Assigned: Honorable Audrey G. Fleissig. (DLB) |
| ***Complaint Letter Processed (see notice of electronic filing for distribution list) Mon Jun 21 15:02:08 CDT 2021 (admin,) |
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| Respondent: USA | |
| Represented By: | Tiffany G. Becker |
| Represented By: | Paul Joseph D'Agrosa |
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| Petitioner: Kokayi Simmons | |
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