Gramm v. USA

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the Clerk is directed to TRANSFER this action to the United States District Court for the Western District of Missouri, Springfield Division. Signed by District Judge Audrey G. Fleissig on April 25, 2016. (BRP)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION EZRA ROBERT GRAMM, Movant, v. UNITED STATES OF AMERICA, Respondent, ) ) ) ) ) ) ) ) ) No. 4:16CV560 AGF MEMORANDUM AND ORDER This matter is before the Court on Ezra Gramm’s motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255. Movant is challenging his judgment and sentence in United States v. Gramm, 6:12CR3079 DGK (W.D. Mo.). A Section 2255 motion must be filed in the court that imposed the sentence. See 28 U.S.C. § 2255(a). Therefore, this Court does not have jurisdiction over the motion. Because movant is a prisoner proceeding pro se, the Court finds that it is in the interest of justice to transfer this action to the Western District to cure the want of jurisdiction. See 28 U.S.C. § 1631. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to TRANSFER this action to the United States District Court for the Western District of Missouri, Springfield Division. Dated this 25th day of April, 2016. AUDREY G. FLEISSIG UNITED STATES DISTRICT JUDGE

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