Stevenson v. USA
Damion Stevenson |
USA |
4:2022cv00464 |
April 21, 2022 |
US District Court for the Eastern District of Missouri |
Stephen R Clark |
Prisoner: Vacate Sentence |
28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
None |
Docket Report
This docket was last retrieved on May 11, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 4 ORDER OF DISMISSAL: Presently before the Court is Movant Damon Stevenson's request to withdraw his motion for relief from sentencing. Doc. #3 . Stevenson does not identify the procedural basis for the motion, but the Court construes the motion as a request for voluntary dismissal pursuant to Rule 41(a)(1) of the Federal Rules of Civil Procedure. After reviewing the record in this action, the Court grants Stevenson's request, Doc. #3 , and dismisses this action without prejudice. The Court orders the Clerk of Court to provide Stevenson with a court form for filing a new motion to vacate. Signed by District Judge Stephen R. Clark on 5/11/22. (Attachments: #1 a0-0243)(JAB) |
ORDER RECEIPT: (see receipt) Docket No: 4. Mailed to party not set-up for electronic notification Wed May 11 10:50:08 CDT 2022 (Bernsen, John) |
Filing 3 MOTION to Withdraw #1 MOTION to Vacate, Set Aside or Correct Sentence by Petitioner Damion Stevenson. (JAB) |
Filing 2 MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that movant shall be granted thirty (30) days from the date of this Memorandum and Order either to withdraw the instant motion for relief from sentence or to consent to the Court's reclassification of the motion as one brought pursuant 28 U.S.C. 2255. Movant shall advise the Court of his choice, in writing. IT IS FURTHER ORDERED that if movant decides to pursue this action under 28 U.S.C. 2255, he shall file an amended motion to vacate on a court-provided form within thirty (30)days of the date of this Memorandum Order. IT IS FURTHER ORDERED that the Clerk shall mail to movant a copy of the Court's form Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence. (Response to Court due by 5/27/2022.) Signed by District Judge Stephen R. Clark on 4/27/2022. (Attachments: #1 2255 Package)(CBL) |
ORDER RECEIPT: (see receipt) Docket No: 2. Order and 2255 package sent to party not electronically notified this date. Wed Apr 27 14:25:27 CDT 2022 (Long, Carol) |
***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. (DJO) |
Case Opening Notification. Judge Assigned: Honorable Stephen R. Clark. (DJO) |
***Complaint Letter Processed (see notice of electronic filing for distribution list) Fri Apr 22 16:00:42 CDT 2022 (admin,) |
Filing 1 MOTION UNDER 28 U.S.C. 2255 TO VACATE, SET ASIDE, OR CORRECT SENTENCE BY A PERSON IN FEDERAL CUSTODY by Petitioner Damion Stevenson. (Attachments: #1 Envelope)(DJO) |
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Petitioner: Damion Stevenson | |
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Respondent: USA | |
Represented By: | Cassandra Jane Wiemken |
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