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US v. LEE, 3:10-CR-00110-RJC. (2015)

Court: District Court, W.D. North Carolina Number: infdco20150401916 Visitors: 6
Filed: Mar. 30, 2015
Latest Update: Mar. 30, 2015
Summary: ORDER ROBERT J. CONRAD, Jr. , District Judge . THIS MATTER is before this Court upon the defendant's Motion to Dismiss for Lack of Territorial Jurisdiction under 28 U.S.C. 1332. (Doc. No. 33). The Court previously found that the defendant had not alleged any legitimate statutory basis for relief at this stage in the proceedings and gave him the opportunity to have the Court consider the motion as an amendment to his pending Motion to Vacate pursuant to 28 U.S.C. 2255. (Doc. No. 36: O
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ORDER

THIS MATTER is before this Court upon the defendant's Motion to Dismiss for Lack of Territorial Jurisdiction under 28 U.S.C. § 1332. (Doc. No. 33).

The Court previously found that the defendant had not alleged any legitimate statutory basis for relief at this stage in the proceedings and gave him the opportunity to have the Court consider the motion as an amendment to his pending Motion to Vacate pursuant to 28 U.S.C. § 2255. (Doc. No. 36: Order). The time period for making that election has expired.

IT IS, THEREFORE, ORDERED that the instant motion, (Doc. No. 33), is dismissed without prejudice.

Source:  Leagle

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