Porter v. U.S., 5:06-CR-195-BO (2019)
Court: District Court, E.D. North Carolina
Number: infdco20190308b52
Visitors: 21
Filed: Mar. 07, 2019
Latest Update: Mar. 07, 2019
Summary: ORDER TERRENCE W. BOYLE , Chief District Judge . This cause comes before the Court on petitioner's pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. [DE 103]. In July 2016, the Court stayed petitioner's motion pending the Fourth Circuit's decisions in United States v. Walker, No. 15-4301 (4th Cir. 2016), and United States v. Simms, No. 15-4640 (4th Cir. 2016). [DE 108]. The Court is now advised that petitioner died on July 10, 2018. [DE 109]. A petiti
Summary: ORDER TERRENCE W. BOYLE , Chief District Judge . This cause comes before the Court on petitioner's pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. 2255. [DE 103]. In July 2016, the Court stayed petitioner's motion pending the Fourth Circuit's decisions in United States v. Walker, No. 15-4301 (4th Cir. 2016), and United States v. Simms, No. 15-4640 (4th Cir. 2016). [DE 108]. The Court is now advised that petitioner died on July 10, 2018. [DE 109]. A petitio..
More
ORDER
TERRENCE W. BOYLE, Chief District Judge.
This cause comes before the Court on petitioner's pro se motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. [DE 103]. In July 2016, the Court stayed petitioner's motion pending the Fourth Circuit's decisions in United States v. Walker, No. 15-4301 (4th Cir. 2016), and United States v. Simms, No. 15-4640 (4th Cir. 2016). [DE 108]. The Court is now advised that petitioner died on July 10, 2018. [DE 109]. A petitioner who is deceased is no longer in "custody" within the meaning of28 U.S.C. § 2255, and thus the statute cannot provide petitioner with relief. See Krantz v. United States, 224 F.3d 125, 127 (2d Cir. 2000). As such, petitioner's motion to vacate [DE 103] is hereby DISMISSED AS MOOT.
SO ORDERED.
Source: Leagle
