Clinton v. USA

Filing 9

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movants pro se motion for habeas bail 8 is DENIED. IT IS FURTHER ORDERED that if the Public Defenders Office decides movant has a potential argument under Johnson, the Public Defender, no later than forty-five (45) days of the date of this Memorandum and Order, should file an amended motion to vacate under § 2255 in this case (Amended Pleading due by 6/20/2016). Signed by District Judge Rodney W. Sippel on 5/5/16. (CAR)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CHRISTOPHER CLINTON,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

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No. 4:15CV1653 RWS

MEMORANDUM AND ORDER
Before the Court is Christopher Clinton’s pro se motion for “habeas bail.” Movant’s
motion will be denied as bail is not available to movant under the circumstances in his case.
Movant filed his initial motion to vacate, brought pursuant to 28 U.S.C. § 2255, on
November 2, 2015, requesting relief under the Supreme Court case of Johnson v. United States,
135 S.Ct. 2551 (2015), and the Court requested assistance from the Federal Public Defender on
this matter on November 4, 2015. Assistant Federal Public Defender Kevin Curran sought an
extension of time until January 28, 2016, in order to determine whether movant qualified for
relief under Johnson, 135 S.Ct. 2551 (2015), but the Court has not heard from the Public
Defender’s Office since that time. The Court requests timely assistance with this matter now that
the Supreme Court has made Johnson retroactive to those cases affected by Johnson’s ruling.
Accordingly,
IT IS HEREBY ORDERED that movant’s pro se motion for “habeas bail” [Doc. #8] is
DENIED.
IT IS FURTHER ORDERED that 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 Memorandum and Order, should file an amended motion to vacate under § 2255 in
this case.
Dated this 5th day of May, 2016.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

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