WOOTEN v. UNITED STATES OF AMERICA
ORDER denying Motion to Vacate, Set Aside or Correct Sentence (2255). ***CIVIL CASE TERMINATED. Signed by Judge Claire C. Cecchi on 1/20/17. (jr)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Civil Action No. 13-3608 (CCC)
UNITED STATES OF AMERICA,
This matter comes before the Court on the Motion to Vacate, Set Aside or Correct Sentence
of Petitioner Robert Wooten, for relief under 28 U.S.C.
§ 2255. Petitioner has not objected to the
Court treating this Motion as setting forth all grounds for relief and is his one, all-inclusive
motion pursuant to United States v. Miller, 197 F.3d 644 (3d Cir. 1999). (See ECF No. 3.) The
Court has considered the Motion, the records of proceedings in this matter, the Answer of
Respondent United States of America, Petitioner’s traverse, as well as Petitioner’s Motion to
Dismiss Indictment, ECF No. 7. for the reasons stated in the Opinion filed on even date, and for
good cause shown,
IT IS onthis
ORDERED that the Motion to Vacate, Set Aside or Correct Sentence, is hereby DENIED
without prejudice; it is further
ORDERED that Petitioner’s Motion to Dismiss the Indictment, ECF No. 7, construed as
a supplement to the Motion to Vacate, is hereby DENIED without prejudice; and it is further
ORDERED that the Clerk shall serve this Order and the accompanying Opinion upon
Petitioner, and shall CLOSE the file.
Claire C. Cecchi, U.S.D.J.
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