U.S. v. BOULB, 12-cr-40097-JPG. (2014)
Court: District Court, S.D. Illinois
Number: infdco20140728d61
Visitors: 17
Filed: Jul. 24, 2014
Latest Update: Jul. 24, 2014
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on defendant Brian K. Boulb's affidavit and motion for review (Doc. 36). In a previous order, this Court warned Boulb to withdraw his motion by July 11, 2014, or it would construe his motion as one pursuant to 28 U.S.C. 2255. Subsequently, Boulb did not withdraw the motion in his criminal case, but rather filed his own motion pursuant to 28 U.S.C. 2255. See Boulb v. United States, Case No. 14-cv-737-
Summary: MEMORANDUM AND ORDER J. PHIL GILBERT, District Judge. This matter comes before the Court on defendant Brian K. Boulb's affidavit and motion for review (Doc. 36). In a previous order, this Court warned Boulb to withdraw his motion by July 11, 2014, or it would construe his motion as one pursuant to 28 U.S.C. 2255. Subsequently, Boulb did not withdraw the motion in his criminal case, but rather filed his own motion pursuant to 28 U.S.C. 2255. See Boulb v. United States, Case No. 14-cv-737-J..
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MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
This matter comes before the Court on defendant Brian K. Boulb's affidavit and motion for review (Doc. 36). In a previous order, this Court warned Boulb to withdraw his motion by July 11, 2014, or it would construe his motion as one pursuant to 28 U.S.C. § 2255. Subsequently, Boulb did not withdraw the motion in his criminal case, but rather filed his own motion pursuant to 28 U.S.C. § 2255. See Boulb v. United States, Case No. 14-cv-737-JPG. As such, this Court construes Boulb's motion (Doc. 36) as the initial filing of his 28 U.S.C. § 2255 motion (Doc. 36) and DENIES the motion (Doc. 36) pending in his criminal case as moot.
IT IS SO ORDERED.
Source: Leagle
