Coleman v. USA, No. 4:2017cv01578 - Document 4 (E.D. Mo. 2017)
Court Description: OPINION MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movants § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movants arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for forty-five (45) days. Signed by District Judge Henry Edward Autrey on 6/14/17. (KJS)
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Coleman v. USA Doc. 4 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JOSEPH WAYNE COLEMAN, Movant, v. UNITED STATES OF AMERICA, Respondent, ) ) ) ) ) ) ) ) ) No. 4:17CV1578 HEA OPINION, MEMORANDUM AND ORDER Before the Court is movant’s pro se motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255, which indicates that movant believes he may be eligible for relief under the recent Supreme Court case of Johnson v. United States, 135 S.Ct. 2551 (2015). On August 14, 2015, this Court entered an Administrative Order, styled In Re: Johnson v. United States. Pursuant to the Administrative Order, the Court will forward movant’s § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri, and provide the Public Defender forty-five (45) days to review the said motion and movant’s criminal history in order to determine whether movant has a potential argument for a sentence reduction under Johnson. In order to facilitate this process, the Court has issued a separate Administrative Order, authorizing the Clerk of Court and the United States Probation Office to provide to the Office of the Federal Public Defender and to the Office of the United States Attorney any records in their possession, including sealed records from the Court file regarding the movant’s criminal history. If the Public Defender’s Office decides movant has a potential argument under Johnson, the Public Defender, no later than forty-five (45) days of the date of this Order, should file either Dockets.Justia.com an amended motion to vacate under § 2255 in this case, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3). Accordingly, IT IS HEREBY ORDERED that the Clerk of Court is directed to forward a copy of movant’s § 2255 motion to the Office of the Public Defender for the Eastern District of Missouri. IT IS FURTHER ORDERED that the Public Defender shall notify this Court, within forty-five (45) days of the date of this Memorandum and Order, whether it will be pursuing movant’s arguments under Johnson, either by filing a written notice in this action of their intent not to represent movant, or by filing an amended motion to vacate, brought pursuant to 28 U.S.C. § 2255, also in this action, or a request in the Court of Appeals for leave to bring a successive § 2255 motion, as required by 28 U.S.C. § 2244(b)(3). IT IS FURTHER ORDERED that the Court shall hold this matter in abeyance for fortyfive (45) days. Dated this 14th day of June, 2017 ___________________________________ HENRY EDWARD AUTREY UNITED STATES DISTRICT JUDGE 2
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