WOOTEN v. UNITED STATES OF AMERICA

Filing 11

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)

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY ROBERT WOOTEN, Civil Action No. 13-3608 (CCC) Petitioner, v. ORDER UNITED STATES OF AMERICA, Respondent. 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 § 2255 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 2_ ‘ dayof J ,2017, 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. C Claire C. Cecchi, U.S.D.J. 2 -

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