Otto v. USA

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MISSOURI
SOUTHEASTERN DIVISION
WILLIAM HENRY OTTO, )
)
Petitioner, )
)
v. ) Case No. 1:25-cv-00145-AGF
)
UNITED STATES OF AMERICA, )
)
Respondent. )
MEMORANDUM AND ORDER
This matter came before the Court for an evidentiary hearing on Ground Three of
Petitioner’s motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence in this
case and his nearly identical motion in Case No. 1:25-cv-00144-SNLJ, which was previously
consolidated with this case for the sole purpose of holding such an evidentiary hearing. At the
start of the hearing, Petitioner, under oath, swore that he was waiving his right to an evidentiary
hearing in both § 2255 cases. Petitioner further made an oral motion voluntary dismiss his
§ 2255 motion, indicating that he intended to file written motions to dismiss in both § 2255
cases.
Accordingly, based on Petitioner’s sworn representations of Petitioner on the record on
June 15, 2026,
IT IS HEREBY ORDERED that the Clerk of Court shall unconsolidate Case No. 1:25-
cv-00144-SNLJ from this case and return Case No. 1:25-cv-00144-SNLJ to the docket of Senior
United States District Judge Stephen N. Limbaugh, Jr.
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2
IT IS FURTHER ORDERED Petitioner’s oral motion to voluntarily dismiss his
motions under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence in this case is
GRANTED, with the Court noting that a written motion to dismiss is also anticipated.
IT IS FURTHER ORDERED that the Clerk of Court shall file a copy of this Order in
both this case and in Case No. 1:25-cv-00144-SNLJ.
________________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 15th day of June, 2026.
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