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Stringer v. USA, 16-cv-00512-DRH. (2018)

Court: District Court, S.D. Illinois Number: infdco20180130969 Visitors: 20
Filed: Jan. 24, 2018
Latest Update: Jan. 24, 2018
Summary: ORDER TO SHOW CAUSE DAVID R. HERNDON , District Judge . This matter comes before the Court for case management. On May 10, 2016, petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 (doc. 1). In said petition, petitioner challengers his status as a career offender based upon Johnson v. United States, 135 S.Ct. 2251 (2015). In accordance with this District's Administrative Order No. 176, the Court appointed the Federal Public Defender (FPD) to r
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ORDER TO SHOW CAUSE

This matter comes before the Court for case management. On May 10, 2016, petitioner filed a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 (doc. 1). In said petition, petitioner challengers his status as a career offender based upon Johnson v. United States, 135 S.Ct. 2251 (2015). In accordance with this District's Administrative Order No. 176, the Court appointed the Federal Public Defender (FPD) to represent petitioner. Now the Assistant FPD — having determined no non-frivolous basis for seeking the relief petitioner seeks — has moved to withdraw his appearance (doc. 12). A copy of said motion was provided to petitioner by the Assistant FPD.

According to this Court's procedure, petitioner has 30 days in which to respond to the Assistant FPD's Motion to Withdraw. The Court hereby DIRECTS petitioner — on or before February 22, 2018 — to file in this Court a Response SHOWING CAUSE (i.e. a valid reason) why the undersigned should not grant the Assistant FPD's motion to withdraw and deny petitioner's § 2255 petition. The Government may, but is not required to, file any response to the Assistant FPD's motion by the same date.

The Clerk of Court is DIRECTED to mail a copy of this Order to petitioner at his last known address.

IT IS SO ORDERED.

Source:  Leagle

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