Neal v. U.S., 2:12-CR-122-01 (2019)
Court: District Court, E.D. Tennessee
Number: infdco20190702d28
Visitors: 5
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..
More
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
