Filed: Aug. 31, 2018
Latest Update: Aug. 31, 2018
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on Petitioner's pro se Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255, that was docketed on August 28, 2018, (Doc. No. 1). The Judgment in the underlying criminal case has not yet been entered. As such, the 2255 Motion to Vacate is premature. The Court will, therefore, dismiss the Motion to Vacate without prejudice for Petitioner to refile it after the Judgment becomes final. IT IS, TH
Summary: ORDER MAX O. COGBURN, JR. , District Judge . THIS MATTER is before the Court on Petitioner's pro se Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255, that was docketed on August 28, 2018, (Doc. No. 1). The Judgment in the underlying criminal case has not yet been entered. As such, the 2255 Motion to Vacate is premature. The Court will, therefore, dismiss the Motion to Vacate without prejudice for Petitioner to refile it after the Judgment becomes final. IT IS, THE..
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ORDER
MAX O. COGBURN, JR., District Judge.
THIS MATTER is before the Court on Petitioner's pro se Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255, that was docketed on August 28, 2018, (Doc. No. 1). The Judgment in the underlying criminal case has not yet been entered. As such, the § 2255 Motion to Vacate is premature. The Court will, therefore, dismiss the Motion to Vacate without prejudice for Petitioner to refile it after the Judgment becomes final.
IT IS, THEREFORE, ORDERED that Petitioner's Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. § 2255, (Doc. No. 1), is DISMISSED without prejudice as premature.
JUDGMENT IN CASE
DECISION BY COURT. This action having come before the Court and a decision having been rendered;
IT IS ORDERED AND ADJUDGED that Judgment is hereby entered in accordance with the Court's August 31, 2018 Order.
