Neal v. U.S., 2:12-CR-122-01 (2019)
Court: District Court, E.D. Tennessee
Number: infdco20190702d28
Visitors: 7
Filed: Jul. 01, 2019
Latest Update: Jul. 01, 2019
Summary: JUDGMENT LEON JORDAN , District Judge . In accordance with the accompanying Memorandum Opinion, Petitioner Jesse M. Neal's pending motion to vacate, set aside or correct sentence under 28 U.S.C. 2255 [Doc. 1] is DISMISSED without prejudice pursuant to his notice of voluntary dismissal [Doc. 11]. Fed. R. Civ. P. 41(a)(1)(A)(i) and 41(B). Petitioner's motion to supplement his 2255 motion [Doc. 4] and the United States' motion to deny and dismiss [Doc. 12] are DENIED as MOOT. If Pet
Summary: JUDGMENT LEON JORDAN , District Judge . In accordance with the accompanying Memorandum Opinion, Petitioner Jesse M. Neal's pending motion to vacate, set aside or correct sentence under 28 U.S.C. 2255 [Doc. 1] is DISMISSED without prejudice pursuant to his notice of voluntary dismissal [Doc. 11]. Fed. R. Civ. P. 41(a)(1)(A)(i) and 41(B). Petitioner's motion to supplement his 2255 motion [Doc. 4] and the United States' motion to deny and dismiss [Doc. 12] are DENIED as MOOT. If Peti..
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JUDGMENT
LEON JORDAN, District Judge.
In accordance with the accompanying Memorandum Opinion, Petitioner Jesse M. Neal's pending motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 [Doc. 1] is DISMISSED without prejudice pursuant to his notice of voluntary dismissal [Doc. 11]. Fed. R. Civ. P. 41(a)(1)(A)(i) and 41(B). Petitioner's motion to supplement his § 2255 motion [Doc. 4] and the United States' motion to deny and dismiss [Doc. 12] are DENIED as MOOT. If Petitioner files a notice of appeal from this Order, it will be treated as an application for a certificate of appealability, which is DENIED because he has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b). Also, the Court CERTIFIES that any appeal from this order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3). Finally, the Clerk is DIRECTED to close this case.
IT IS SO ORDERED.
Source: Leagle
