CAMPBELL v. USA

Filing 13

Entry Dismissing Motion for Relief pursuant to 28 U.S.C. Section 2255 without prejudice. ORDER granting United States' 4 Motion to Dismiss. (S.E.). Copy to petitioner via U.S. Mail. Signed by Judge Tanya Walton Pratt on 5/14/2015. (MAC)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
LON CAMPBELL,
Petitioner,
vs.
USA,
Respondent.

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No. 1:15-cv-00192-TWP-TAB

Entry Dismissing Motion for Relief Pursuant to
28 U.S.C. § 2255 Without Prejudice
Petitioner Lon Campbell has filed a motion for post-conviction relief under 28 U.S.C. §
2255. On January 21, 2015, Mr. Campbell pled guilty to and was sentenced for using a false Social
Security Number. He appealed his conviction to the Seventh Circuit Court of Appeals. His appeal
is pending.
The United States has moved to dismiss Mr. Campbell’s § 2255 motion. Absent
extraordinary circumstances, the district court should not consider a § 2255 motion while a direct
appeal is pending. United States v. Robinson, 8 F.3d 398 (7th Cir. 1993). Mr. Campbell has not
alleged any extraordinary circumstances that require consideration of his § 2255 motion while his
appeal is pending. Therefore, the motion to dismiss [dkt 4] is granted and Mr. Campbell’s 28
U.S.C. § 2255 motion is dismissed without prejudice because it is premature.
Because the motion is denied as premature and not on the merits, Mr. Campbell may file a
new § 2255 motion after his appeal is decided. Such a motion would not be “second or successive”
motion under 28 U.S.C. 2244(a). O’Connor v. United States, 133 F.3d 548, 694 (7th Cir. 1998)
(when § 2255 petition is returned to petitioner on ground that no collateral attack could be begun

while appeal pending, it does not count as petition; petitioner may file new motion after appeal
decided without obtaining permission from the court of appeals).
A copy of the Entry and Judgment in this action shall be docketed in No. 1:07-cr-95-TWPTAB-1.
IT IS SO ORDERED.

Date: 5/14/2015

Distribution:
Lon Campbell
08697-028
Milan Federal Correctional Institution
P.O. Box 1000
Milan, MI 48160
Note to Clerk: Processing this document requires actions in addition to docketing and distribution.