Deandrea Gray v. United States, No. 16-3187 (8th Cir. 2017)

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Court Description: Per Curiam - Before Loken, Arnold and Riley, Circuit Judges] Prisoner case - Habeas. The clerk is directed to transmit Gray's application to file a successive habeas to the district court where his first section 2255 motion is pending; this application to file a successive habeas should be filed as a motion to amend the first section 2255 motion. [ June 15, 2017

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-3187 ___________________________ Deandrea S. Gray lllllllllllllllllllllPetitioner v. United States of America lllllllllllllllllllllRespondent ____________ On Application for Leave to File a Second or Successive Motion Under 28 U.S.C. § 2255 ____________ Submitted: June 12, 2017 Filed: June 16, 2017 [Unpublished] ____________ Before LOKEN, ARNOLD, and RILEY, Circuit Judges. ____________ PER CURIAM. Deandrea Gray has filed in this court an application for leave to file a second or successive 28 U.S.C. § 2255 motion. The government has filed a motion to dismiss Mr. Gray’s application. We note that in the case involving Mr. Gray’s first section 2255 motion, this court has affirmed in part, reversed in part, and remanded for further proceedings. We now direct the clerk of this court to transfer to the United States District Court for the Western District of Missouri Mr. Gray’s application for leave to file a second or successive section 2255 motion, to be filed in the district court as a motion to amend his first section 2255 motion. We further deny as moot the government’s pending motion to dismiss. We express no opinion on the merits or timeliness of any filing by Mr. Gray or the government. ______________________________ -2-

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