Shabazz-Stewart v. United States of America

Filing 2

OPINION MEMORANDUM AND ORDER IT IS HEREBY ORDERED that movants motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED without prejudice. An Order of Dismissal will accompany this Order. Signed by District Judge Henry E. Autrey on 7/8/13. (CLA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
SULTAN SHABAZZ-STEWART,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:13CV1163 HEA

OPINION, MEMORANDUM AND ORDER
This matter is before me on movant’s motion to vacate, set aside, or correct sentence
pursuant to 28 U.S.C. § 2255. Movant seeks relief from the ongoing criminal proceedings in
United States v. Sultan Shabazz-Stewart, 4:13CR194 HEA (E.D. Mo.). However, these
proceedings are still pending before this Court, and no judgment or sentence has been entered
against movant at this time. In fact, his case is not even set for trial until August 5, 2013. As
a result, movant’s motion to vacate, set aside or correct sentence will denied without prejudice.
Accordingly,
IT IS HEREBY ORDERED that movant’s motion to vacate, set aside, or correct
sentence pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED without prejudice.
An Order of Dismissal will accompany this Order.
Dated this 8th day of July, 2013.

HENRY EDWARD AUTREY
UNITED STATES DISTRICT JUDGE