Parker v. United States

Filing 2

MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence (Dorsey Crack) filed by Petitioner Santonio Omar Parker. IT IS HEREBY ORDERED that the instant 28 U.S.C. § 2255 action is DISMISSED, without prejudice, as duplicative. A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Rodney W. Sippel on 11/1/12. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI SOUTHEASTERN DIVISION SANTONIO OMAR PARKER, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 1:12-CV-180-RWS MEMORANDUM AND ORDER This matter is before the Court upon review of movant’s motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 [Doc. #1]. Movant is challenging the judgment and sentence entered on October 20, 2010, in Parker v. U.S., No. 1:10-CR-56-RWS (E.D. Mo.). Upon review of the Court’s records, it appears that the instant action is duplicative of a § 2255 action that movant filed, pro se, approximately ten days ago, on October 22, 2012, and which is currently pending in this Court. See Parker v. U.S., No. 1:12-CV-176RWS (E.D. Mo.). As a result, the instant action will be dismissed, without prejudice.1 1 Counsel may enter his appearance in Parker v. U.S., No. 1:12-CV-176RWS (E.D. Mo.), and move to file an amended motion to vacate, if necessary. Accordingly, IT IS HEREBY ORDERED that the instant 28 U.S.C. § 2255 action is DISMISSED, without prejudice, as duplicative. A separate Order of Dismissal shall accompany this Memorandum and Order. Dated this 1st day of November, 2012. UNITED STATES DISTRICT JUDGE The Court notes that in the previously-filed case, movant was ordered on October 30, 2012, to submit a signed motion to vacate within thirty days. 2

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