Elkins v. USA

Filing 33

MEMORANDUM AND ORDER. Movant filed a Motion to Dismiss Counts I and XIII of the Indictment in this closed § 2255 case while movant's motion for certificate of appealability was on appeal. The Eighth Circuit Court of Appeals denied the cert ificate of appealability and dismissed his appeal on September 18, 2018. The Eighth Circuit denied the petition for rehearing en banc and the petition for rehearing by the panel on November 20, 2018. Movant's motion to dismiss does not state an y grounds for relief in this closed case and will be denied. As this case is closed, movant's motion for appointment of counsel will also be denied. Accordingly, IT IS HEREBY ORDERED that movant's motion to dismiss 28 and motion for appointment of counsel 32 -2 are denied. Signed by District Judge Catherine D. Perry on 11/28/2018. (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JERRY ELKINS,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:16 CV 645 CDP

MEMORANDUM AND ORDER
Movant filed a “Motion to Dismiss Counts I and XIII of the Indictment” in this closed §
2255 case while movant’s motion for certificate of appealability was on appeal. The Eighth
Circuit Court of Appeals denied the certificate of appealability and dismissed his appeal on
September 18, 2018. The Eighth Circuit denied the petition for rehearing en banc and the
petition for rehearing by the panel on November 20, 2018. Movant’s motion to dismiss does not
state any grounds for relief in this closed case and will be denied. As this case is closed,
movant’s motion for appointment of counsel will also be denied.
Accordingly,
IT IS HEREBY ORDERED that movant’s motion to dismiss [28] and motion for
appointment of counsel [32-2] are denied.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 28th day of November, 2018.