Stewart v. USA

Filing 11

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion to stay and alternative request for a certificate of appealability 10 are denied. Signed by District Judge Catherine D. Perry on 04/28/2021. (ANP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DONALD STEWART,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:20 CV 1880 CDP

MEMORANDUM AND ORDER
This matter is before me on movant’s latest motion to again amend his case
and “hold it in abeyance” for sixty days so that he may file an amended § 2255
motion. Once again, movant has not presented the Court with a proposed amended
§ 2255 motion, so the Court cannot yet determine whether leave to amend should
be granted. As I have explained, the Court does not issue preemptive rulings. If
movant properly seeks leave to amend his § 2255 motion, the Court will provide
respondent with the opportunity to respond and then rule on the motion. But until
such a motion is filed, the issue is not properly before the Court and it cannot issue
a ruling with respect to any proposed amendments. Movant’s request for a
certificate of appealability is denied.
Accordingly,

IT IS HEREBY ORDERED that the motion to stay and alternative request
for a certificate of appealability [10] are denied.

CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 28th day of April, 2021.

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