Miller v. USA

Filing 8

MEMORANDUM AND ORDER : by Petitioner Carlton A. Miller; IT IS HEREBY ORDERED that Petitioner's Motion for Extension of Time to File Final Rebuttal for Motion Under 28 U.S.C. § 2255 7 is GRANTED. Petitioner shall file his rebuttal no lat er than Friday, August 26, 2016. IT IS FURTHER ORDERED that the Clerk of Court is directed to mail Petitioner a copy of the plea agreement filed in his criminal case, USA v. Miller, 4:14-cr-00353-JAR-1. ( Response to Court due by 8/26/2016.) (Copy of order and plea agreement mailed). Signed by District Judge John A. Ross on 7/11/16. (KKS) Modified criminal Case number on 7/11/2016 (KKS). (Main Document 8 replaced on 7/11/2016) (KKS).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
CARLTON MILLER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:16-CV-488 JAR

MEMORANDUM AND ORDER
This matter is before the Court on Petitioner’s Motion for Extension of Time to File Final
Rebuttal for Motion Under 28 U.S.C. § 2255. (Doc. No. 7) On July 1, 2016, the Government
filed its Response in Opposition to Petitioner’s § 2255 motion to vacate, set aside, or correct
sentence. (Doc. No. 6) Petitioner requests forty-five (45) days to file his rebuttal. Upon
consideration, the Court will grant Petitioner’s request.
Petitioner has attached a “Subpoena Duces Tecum” to his motion seeking the plea
agreement and transcripts from his criminal case. Plaintiff’s request for issuance of a subpoena
will be denied; however, the Court will direct the Clerk of Court to forward him a copy of his
plea agreement.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s Motion for Extension of Time to File
Final Rebuttal for Motion Under 28 U.S.C. § 2255 [7] is GRANTED. Petitioner shall file his
rebuttal no later than Friday, August 26, 2016.
IT IS FURTHER ORDERED that the Clerk of Court is directed to mail Petitioner a
copy of the plea agreement filed in his criminal case, USA v. Miller, 4:14-cr-00353-JAR-1.

Dated this 11th day of July, 2016.

JOHN A. ROSS
UNITED STATES DISTRICT JUDGE

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