Simmons v. United States

E.D. Missouri

Simmons v. United States

DecidedJune 21, 2021

Docket4:21-cv-00729

StatusUnknown

This text of Simmons v. United States (Simmons v. United States) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Simmons v. United States, (E.D. Mo. 2021).

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Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES OF AMERICA, ) Plaintiff, Vv. No. 4:18-CR-621 AGF KOKAYI SIMMONS, Defendant. MEMORANDUM AND ORDER This matter is before the Court on its own motion. Defendant has filed a motion for relief from judgment pursuant to Rehaifv. United States, 139 S.Ct. 2191 (2019). The Court finds that the motion should be administratively terminated and opened as a new case under 28 U.S.C. § 2255. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to administratively terminate defendant’s motion for relief from judgment [ECF No.63] and to open it as a new civil action under 28 U.S.C. § 2255. IT IS FURTHER ORDERED that upon opening the civil action under 28 U.S.C. § 2255, the Court will require defendant to file an amended motion to vacate upon a court-provided form. Because this will be defendant’s first-filed motion to vacate, brought pursuant to 28 U.S.C. § 2255, the Court will provide defendant the opportunity at that time to withdraw his motion to vacate or include within his amended motion to vacate all of the § 2255 claims he believes he has. See Morales v. United States, 304 F.3d 764, 767 (8" Cir. 2002). Dated this 21st day of June, 2021.

AUDREY G. ces ( | UNITED STATES DISTRICT JUDG

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION UNITED STATES OF AMERICA, ) Plaintiff, Vv. No. 4:18-CR-621 AGF KOKAYI SIMMONS, Defendant. MEMORANDUM AND ORDER This matter is before the Court on its own motion. Defendant has filed a motion for relief from judgment pursuant to Rehaifv. United States, 139 S.Ct. 2191 (2019). The Court finds that the motion should be administratively terminated and opened as a new case under 28 U.S.C. § 2255. Accordingly, IT IS HEREBY ORDERED that the Clerk is directed to administratively terminate defendant’s motion for relief from judgment [ECF No.63] and to open it as a new civil action under 28 U.S.C. § 2255. IT IS FURTHER ORDERED that upon opening the civil action under 28 U.S.C. § 2255, the Court will require defendant to file an amended motion to vacate upon a court-provided form. Because this will be defendant’s first-filed motion to vacate, brought pursuant to 28 U.S.C. § 2255, the Court will provide defendant the opportunity at that time to withdraw his motion to vacate or include within his amended motion to vacate all of the § 2255 claims he believes he has. See Morales v. United States, 304 F.3d 764, 767 (8" Cir. 2002). Dated this 21st day of June, 2021.

AUDREY G. ces ( | UNITED STATES DISTRICT JUDG

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