Card v. USA

Filing 6

MEMORANDUM AND ORDER (See Full Order) IT IS HEREBY ORDERED that the Court's June 30, 2016 Memorandum and Order [Doc. 3 ] is VACATED. IT IS FURTHER ORDERED that movants pro se motion to vacate [Doc. 1 ] is DENIED, without prejudice, as duplicative of Card v. United States, No. 4:16- CV-984-CDP (E.D. Mo.). A separate Order of Dismissal shall accompany this Memorandum and Order. Signed by District Judge Catherine D. Perry on 7/8/16. (EAB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION PIERRE LAMONT CARD, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) No. 4:16-CV-01051-CDP MEMORANDUM AND ORDER This matter is before the Court on review of the file. It appears that the instant action is duplicative of a previously-filed motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. ' 2255 filed in Card v. United States, No. 4:16-CV-984-CDP (E.D. Mo.). Because Case No. 4:16-CV-984-CDP was filed by counsel and bears the lower cause number, the instant ' 2255 will be dismissed, without prejudice, as duplicative. As such, the Court will vacate its June 30, 2016 Memorandum and Order [Doc. 3] in this case, as it is not necessary for movant to submit a signed motion to vacate. Accordingly, IT IS HEREBY ORDERED that the Court’s June 30, 2016 Memorandum and Order [Doc. 3] is VACATED. IT IS FURTHER ORDERED that movant’s pro se motion to vacate [Doc. 1] is DENIED, without prejudice, as duplicative of Card v. United States, No. 4:16-CV-984-CDP (E.D. Mo.). A separate Order of Dismissal shall accompany this Memorandum and Order. Dated this 8th day of July, 2016. __________________________________ CATHERINE D. PERRY UNITED STATES DISTRICT JUDGE -2-

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