JOHNSON v. U.S., 7:10-CR-93-BR-1 (2015)
Court: District Court, E.D. North Carolina
Number: infdco20150409c22
Visitors: 3
Filed: Apr. 08, 2015
Latest Update: Apr. 08, 2015
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on petitioner's recent filing of a 28 U.S.C. 2255 motion. (DE # 246.) Because petitioner has appealed from that portion of this court's 16 January 2015 order dismissing her motion for a writ of habeas corpus pursuant to 28 U.S.C. 2243, (DE ## 241, 242), which motion asserted two claims for relief that she raises now in her 2255 motion, (DE # 239), and the appeal remains pending, this court is divested of jur
Summary: ORDER W. EARL BRITT , Senior District Judge . This matter is before the court on petitioner's recent filing of a 28 U.S.C. 2255 motion. (DE # 246.) Because petitioner has appealed from that portion of this court's 16 January 2015 order dismissing her motion for a writ of habeas corpus pursuant to 28 U.S.C. 2243, (DE ## 241, 242), which motion asserted two claims for relief that she raises now in her 2255 motion, (DE # 239), and the appeal remains pending, this court is divested of juri..
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ORDER
W. EARL BRITT, Senior District Judge.
This matter is before the court on petitioner's recent filing of a 28 U.S.C. § 2255 motion. (DE # 246.) Because petitioner has appealed from that portion of this court's 16 January 2015 order dismissing her motion for a writ of habeas corpus pursuant to 28 U.S.C. § 2243, (DE ## 241, 242), which motion asserted two claims for relief that she raises now in her § 2255 motion, (DE # 239), and the appeal remains pending, this court is divested of jurisdiction to rule on the § 2255 motion. See Doe v. Public Citizen, 749 F.3d 246, 258 (4th Cir. —) (recognizing that, with limited exceptions, "a timely filed notice of appeal transfers jurisdiction of a case to the court of appeals and strips a district court of jurisdiction to rule on any matters involved in the appeal" (citation omitted)). Accordingly, the court will hold in abeyance initial review of the § 2255 motion under Rule 4 of the Rules Governing Section 2255 Proceedings pending the conclusion of the appellate proceedings.
Source: Leagle
