BATER v. USA
Filing
8
ORDER ON MOTION TO VACATE, SET ASIDE OR VACATE SENTENCE - dismissing without prejudice the Motion to Vacate, Set Aside or Correct Sentence. By JUDGE D. BROCK HORNBY. (mnw)
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UNITED STATES DISTRICT COURT DISTRICT OF MAINE WILLIAM F. BATER, PETITIONER v. UNITED STATES OF AMERICA, RESPONDENT ) ) ) ) ) ) ) ) )
CIVIL NO. 09-398-P-H
ORDER ON MOTION TO VACATE, SET ASIDE OR VACATE SENTENCE This motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 is DISMISSED
WITHOUT PREJUDICE
because it is clear that the appeal from the
petitioner's direct conviction is still pending in the U.S. Court of Appeals for the First Circuit. He can bring his petition, if he so desires, when and if the judgment of conviction becomes final, so long as he observes the statutory one-year time limit then. SO ORDERED. DATED THIS 23RD DAY OF SEPTEMBER, 2009 /S/D. BROCK HORNBY D. BROCK HORNBY UNITED STATES DISTRICT JUDGE
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