Forrest v. United States of America

Filing 10

ORDER GRANTING MOTION TO AMEND § 2255 MOTION AND GRANTING MOTION TO FILE SUPPLEMENTAL MEMORANDUM 3 7 2 . Signed by Judge James D. Todd on 6/24/16. (Todd, James)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE EASTERN DIVISION JUSTIN R. FORREST, Movant, Civ. No. 16-1097-JDT Crim. No. 07-10058-JDT v. UNITED STATES, Respondent. ORDER GRANTING MOTION TO AMEND § 2255 MOTION AND GRANTING MOTION TO FILE SUPPLEMENTAL MEMORANDUM On May 13, 2016, the Movant, Justin R. Forrest, filed a pro se motion (ECF No. 3) seeking to supplement and amend his § 2255 motion, which raises claims under Johnson v. United States, 135 S. Ct. 2551 (2016). For cause shown, the motion to amend is GRANTED. As counsel has appeared on Movant’s behalf (ECF No. 6), his motion for appointment of counsel (ECF No. 2) is MOOT. Counsel has now moved file a supplemental memorandum in order to preserve issues arising out of the decisions in Mathis v. United States, ___ S. Ct.___, 2016 WL 3434400 (June 23, 2016), and United States v. Stitt, No. 14-6158, 2016 WL 520048 (6th Cir. Feb. 10, 2016), vacated and reh’g en banc granted, 2016 WL 1658598 (6th Cir. Apr. 27, 2016). Without deciding whether any claim based on those decisions would ultimately be timely filed, the motion to file a supplemental memorandum is also GRANTED. IT IS SO ORDERED. s/ James D. Todd JAMES D. TODD UNITED STATES DISTRICT JUDGE

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