Dixon v. USA
| Dijon T. Dixon |
| USA |
| 4:2019cv00751 |
| September 13, 2019 |
| US District Court for the Western District of Missouri |
| Beth Phillips |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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Filing 3
ORDER a postconviction motion would be premature in this instance, given that (before today) Movant had not yet been sentenced. Moreover, Movant did not clearly indicate that he desires his motion to be regarded as one seeking relief under 2255; the only relief he sought was to withdraw his guilty plea and to dismiss the charge. Accordingly, to avoid confusion (and to avoid the possibility that any postconviction motion Movant files would be mistakenly regarded as a second or successive motion), the Court dismisses this case without prejudice. Signed on 9/17/2019 by Chief District Judge Beth Phillips. (McIlvain, Kelly) Modified on 9/17/2019 to indicate a copy of this document was mailed regular mail to : Dijon Dixon, Inmate, Core Civil, 100 Highway Terrace, Leavenworth, Kansas 66048(McIlvain, Kelly).
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| Filing 2 STANDING ORDER pursuant to Rehaif v. United States appointing FPD for Dijon T. Dixon. This appointment is limited to cases affected or potentially affected by Rehaif v. United States. Signed on 9/16/19 by Chief District Judge Beth Phillips. (Moore, Terri) |
| Filing 1 MOTION to vacate, set aside or correct sentence (2255) Dijon T. Dixon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Envelope)(Moore, Terri) |
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| Respondent: USA | |
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| Petitioner: Dijon T. Dixon | |
| Represented By: | FPD |
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