Filed: Sep. 26, 2014
Latest Update: Sep. 26, 2014
Summary: ORDER DALE A. DROZD, Magistrate Judge. Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. (ECF No. 65.) The court notes, however, that an appeal is currently pending in this action. ( See ECF Nos. 63-4.) As a general rule, a district court should not consider a Section 2255 motion while a direct appeal is pending. See United States v. Deeb, 944 F.2d 545 , 548 (9th Cir. 1991); Feldman v. Henman, 81
Summary: ORDER DALE A. DROZD, Magistrate Judge. Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255. (ECF No. 65.) The court notes, however, that an appeal is currently pending in this action. ( See ECF Nos. 63-4.) As a general rule, a district court should not consider a Section 2255 motion while a direct appeal is pending. See United States v. Deeb, 944 F.2d 545 , 548 (9th Cir. 1991); Feldman v. Henman, 815..
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ORDER
DALE A. DROZD, Magistrate Judge.
Movant, a federal prisoner proceeding pro se, has filed a motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. (ECF No. 65.) The court notes, however, that an appeal is currently pending in this action. (See ECF Nos. 63-4.) As a general rule, a district court should not consider a Section 2255 motion while a direct appeal is pending. See United States v. Deeb, 944 F.2d 545, 548 (9th Cir. 1991); Feldman v. Henman, 815 F.2d 1318, 1320 (9th Cir. 1987). Moreover, counsel has now been appointed to represent movant. (ECF No. 70.)
Accordingly, IT IS HEREBY ORDERED that appointed counsel shall, within thirty days after the filing date of this order, do one of the following:
1. Inform the court that movant intends to proceed on his motion filed June 25, 2014;
2. File and serve an amended motion to vacate, set aside, or correct movant's sentence pursuant to 28 U.S.C. § 2255; or
3. Request withdrawal, without prejudice, of the pending motion to vacate, until such time that movant's appeal is concluded.
