Dorris v. United States

Docket 4:25-cv-01083

Filed
2025-07-23
Terminated
Not recorded
Case type
cv

Outcome

No sourced outcome is recorded. A termination date alone does not establish who prevailed.

Parties and representation

      Party and firm records are not available for this case.

      Panel

        No sourced panel votes are recorded.

        Opinions and documents

        UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION BERNARD DORRIS, ) ) Petitioner, ) ) v. ) Case No. 4:25-cv-01083-SRC ) UNITED STATES OF AMERICA, ) ) Respondent. ) Order In January 2026, the Court ordered Dorris to file, no later than February 23, 2026, an amended motion on the Court-provided form and to explain why the Court should not dismiss his section 2255 motion as untimely. Doc. 7 at 4 (The Court cites to page numbers as assigned by CM/ECF.). The Court warned Dorris that “[i]f [he] does not file an amended motion, or adequately demonstrate the timeliness of his amended motion, by February 23, 2026, the Court will dismiss this case with prejudice.” Id. To date, Dorris has neither filed an amended motion nor requested more time to do so. So, for the reasons explained in the Court’s January 7 Order the Court finds that 28 U.S.C. § 2255(f) bars Dorris’s Motion. The Court therefore denies Dorris’s Motion, doc. 1, and dismisses this case with prejudice. The Court now considers whether to grant a certificate of appealability. For the Court to issue a certificate of appealability in this case, Dorris must show “both that jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling.” Jimenez v. Quarterman, 555 U.S. 113, 118 n.3 (2009) (quoting Slack v. McDaniel, 529 U.S. 473, 484 (2000)) (cleaned up). By not complying with the Court’s January 7 Order, doc. 7, Dorris failed to show that jurists of reason would find the timeliness of his section 2255 motion debatable. The Court therefore will not issue a certificate of appealability. Accordingly, the Court denies Dorris’s [1] section 2255 motion, denies as moot Dorris’s [5] Motion to Amend Argument, dismisses this case with prejudice, and declines to issue a certificate of appealability. A separate order of dismissal accompanies this Order. So ordered this 23rd day of July 2026. _C CHIEF UNITED STATES DISTRICT JUDGE

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