Simmons v. United States

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