691 Fed.Appx. 282 (8th Cir. 2017), 16-3187, Gray v. United States

Docket Nº:16-3187
Citation:691 Fed.Appx. 282
Opinion Judge:PER CURIAM.
Party Name:Deandrea S. Gray, Petitioner v. United States of America, Respondent
Attorney:Deandrea S. Gray, Petitioner, Pro se, Memphis, TN. For United States of America, Respondent: Justin G. Davids, Assistant U.S. Attorney, U.S. Attorney's Office, Kansas City, MO.
Judge Panel:Before LOKEN, ARNOLD, and RILEY, Circuit Judges.
Case Date:June 16, 2017
Court:United States Courts of Appeals, Court of Appeals for the Eighth Circuit

Page 282

691 Fed.Appx. 282 (8th Cir. 2017)

Deandrea S. Gray, Petitioner

v.

United States of America, Respondent

No. 16-3187

United States Court of Appeals, Eighth Circuit

June 16, 2017

Submitted June 16, 2017

Editorial Note:

UNPUBLISHED. (See Federal Rule of Appellate Procedure Rule 32.1)

On Application for Leave to File a Second or Successive Motion Under 28 U.S.C. § 2255 .

Deandrea S. Gray, Petitioner, Pro se, Memphis, TN.

For United States of America, Respondent: Justin G. Davids, Assistant U.S. Attorney, U.S. Attorney's Office, Kansas City, MO.

Before LOKEN, ARNOLD, and RILEY, Circuit Judges.

OPINION

Page 283

PER CURIAM.

Deandrea Gray has filed in this court an application for leave to file a second or successive 28 U.S.C. § 2255 motion. The government has filed a motion to dismiss Mr. Gray's application.

We note that in the case involving Mr. Gray's first section 2255 motion, this court has affirmed in part, reversed in part, and remanded for further proceedings. We now direct the clerk of this court to transfer to the United States District Court for the Western District of Missouri Mr. Gray's application for leave to file a second or successive section 2255 motion, to be filed in the district court as a motion to amend his first section 2255 motion. We further deny as moot the government's pending motion to dismiss. We express no opinion on the merits or timeliness of any filing by Mr. Gray or the government.

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