Whittaker v. USA

Filing 5

MEMORANDUM AND ORDER -...IT IS HEREBY ORDERED that Petitioner's motion to stay this action [Doc. #2] is DENIED AS MOOT. IT IS FURTHER ORDERED that Petitioner's amended motion to vacate is due to this Court no later than forty-five (45) days from the date of this Order. ( Response to Court due by 9/2/2016.). Signed by District Judge Charles A. Shaw on 7/18/2016. (MRC)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
MIJKIA CARL WHITTAKER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

No. 4:16CV972 CAS

MEMORANDUM AND ORDER
Before the Court is Petitioner’s Motion to Correct Sentence and his motion to stay this
action pending his application to pursue permission from the Eighth Circuit Court of Appeals to
file a successive habeas action in this Court.
Because permission to file a successive action was granted by the Eighth Circuit Court of
Appeals on June 29, 2016, Whittaker v. United States, No. 15-3158 (8th Cir. June 29, 2016), this
Court will deny as moot Petitioner’s motion to stay the present action.
Review of Petitioner’s Motion to Correct Sentence shows that he requests additional time
to file an amended motion to vacate. Therefore, the Court will grant Petitioner forty-five (45)
days to file his amended motion to vacate. After the filing of the amended motion, the Court will
refer this matter to probation for the preparation of a resentencing report.
Accordingly,
IT IS HEREBY ORDERED that Petitioner’s motion to stay this action [Doc. #2] is
DENIED AS MOOT.
IT IS FURTHER ORDERED that Petitioner’s amended motion to vacate is due to this
Court no later than forty-five (45) days from the date of this Order.

CHARLES A. SHAW
UNITED STATES DISTRICT JUDGE
Dated this 18th day of July, 2016.

2