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McCRAY v. OUTLAW, 5:13-cv-70(DCB)(MTP). (2015)

Court: District Court, S.D. Mississippi Number: infdco20151216c89 Visitors: 10
Filed: Dec. 15, 2015
Latest Update: Dec. 15, 2015
Summary: ORDER DAVID BRAMLETTE , District Judge . This cause is before the Court on the petitioner Oliver Otis McCray ("McCray")'s motion for reconsideration (docket entry 24), motion to set aside conviction (docket entry 26), and motion for a speedy judgment (docket entry 28). McCray seeks reconsideration of this Court's Final Judgment of March 6, 2014, dismissing his Petition for a Writ of Habeas Corpus under 28 U.S.C. 2254 with prejudice. McCray appealed the Final Judgment to the Fifth Ci
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ORDER

This cause is before the Court on the petitioner Oliver Otis McCray ("McCray")'s motion for reconsideration (docket entry 24), motion to set aside conviction (docket entry 26), and motion for a speedy judgment (docket entry 28). McCray seeks reconsideration of this Court's Final Judgment of March 6, 2014, dismissing his Petition for a Writ of Habeas Corpus under 28 U.S.C. § 2254 with prejudice. McCray appealed the Final Judgment to the Fifth Circuit Court of Appeals which denied him a Certificate of Appealability on September 12, 2014. McCray's motion is therefore denied. McCray also moves to set aside his conviction and sentence of April 9, 2008, which motion is untimely. The Court further finds that the motion for speedy judgment is moot.

Accordingly,

IT IS HEREBY ORDERED that the petitioner's motion for reconsideration (docket entry 24) is DENIED;

FURTHER ORDERED that the petitioner's motion to set aside conviction (docket entry 26) is DENIED;

FURTHER ORDERED that the petitioner's motion for a speedy judgment (docket entry 28) is DENIED AS MOOT.

SO ORDERED.

Source:  Leagle

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