Strayhorn v. USA

Filing 3

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk shall mail to movant a copy of the Court's form motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255. IT IS FURTHER ORDERED that movant shall file an amende d motion no later than thirty (30) days from the date of this Order. IT IS FURTHER ORDERED that if movant fails to comply with this Order, this action will be dismissed. Amended/Supplemental Pleadings due by 5/11/2016. Signed by District Judge Rodney W. Sippel on 3/11/2016. (JMC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
JOSE M. STRAYHORN,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 1:16-CV-00019-RWS

MEMORANDUM AND ORDER
This matter is before the Court on movant's motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255. On February 5, 2016, the Court ordered movant to amend his
handwritten motion for relief from judgment, filed pursuant to Johnson v. United States, 135 S.Ct.
2551 (2015), that this Court converted to its proper form, under 28 U.S.C. § 2255. However,
movant has failed to comply with this Court’s Order. Movant will be given thirty (30) additional
days to file his motion to vacate on the Court-provided form. His failure to comply, however, will
result in a dismissal of this action, without prejudice.
Movant is warned that if he wishes to retain his claims under Johnson, he must bring them
within the confines of a § 2255 action in this Court, prior to June 26, 2016, or one year after
Johnson was decided by the Supreme Court of the United States of America.
Accordingly,
IT IS HEREBY ORDERED that the Clerk shall mail to movant a copy of the Court's form
motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255.
IT IS FURTHER ORDERED that movant shall file an amended motion no later than
thirty (30) days from the date of this Order.

IT IS FURTHER ORDERED that if movant fails to comply with this Order, this action
will be dismissed.
Dated this 11th day of March, 2016.

__________________________________
RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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