Filed: Nov. 19, 2018
Latest Update: Nov. 19, 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 October 12, 2018, (Doc. No. 1). The Judgment is presently before the Fourth Circuit Court of Appeals on direct appeal. See (3:17-cv-180, Doc. No. 35). As such, the judgment and sentence are not yet final and the 2255 Motion to Vacate is premature. See generally United States v. Gardner , 132 F
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 October 12, 2018, (Doc. No. 1). The Judgment is presently before the Fourth Circuit Court of Appeals on direct appeal. See (3:17-cv-180, Doc. No. 35). As such, the judgment and sentence are not yet final and the 2255 Motion to Vacate is premature. See generally United States v. Gardner , 132 Fe..
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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 October 12, 2018, (Doc. No. 1). The Judgment is presently before the Fourth Circuit Court of Appeals on direct appeal. See (3:17-cv-180, Doc. No. 35). As such, the judgment and sentence are not yet final and the § 2255 Motion to Vacate is premature. See generally United States v. Gardner, 132 Fed. Appx. 467 (4th Cir. 2005). The Court will, therefore, dismiss the Motion to Vacate without prejudice for Petitioner to refile the petition after the Judgment becomes final following direct appeal. See generally 28 U.S.C. § 2255(f)(1).
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 November 19, 2018 Order.
