Deandrea Gray v. United States

United States Court of Appeals
For the Eighth Circuit
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No. 16-3187
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Deandrea S. Gray
lllllllllllllllllllllPetitioner
v.
United States of America
lllllllllllllllllllllRespondent
____________
On Application for Leave to File a Second
or Successive Motion Under 28 U.S.C. § 2255____________
Submitted: June 12, 2017
Filed: June 16, 2017
[Unpublished]
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Before LOKEN, ARNOLD, and RILEY, Circuit Judges.
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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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