COLEMAN v. UNITED STATES OF AMERICA

Filing 29

OPINION filed. Signed by Judge Anne E. Thompson on 3/26/2018. (mmh)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

TRENELL COLEMAN,

HONORABLE ANNE E. THOMPSON

Petitioner,
Civil Action
No. 09-6330 (AET)

v.
UNITED STATES OF AMERICA,

OPINION

Respondent.

APPEARANCES:
Trenell Coleman, Petitioner Pro Se
12828050
Jesup FCI
Inmate Mail/Parcels
2600 Highway 301 South
Jesup, GA 31599

RECEIVED

MAR 2 7 2018
AT 8:30
WILLIAM T. WALSH
CLER¥

M

THOMPSON, District Judge:

Before the Court is Petitioner Trenell J. Coleman's motion
for an injunction pending appeal. Motion, Docket Entry 28.
1.

Petitioner filed a motion under 28 U.S.C. § 2255 on

December 16, 2009 raising various ineffective assistance of
counsel claims. This Court denied the motion, Coleman v. United
States, No. 09-6330, 2010 WL 3359485 (D.N.J. Aug. 25, 2010), and

the Third Circuit denied a certificate of appealability, No. 111756 (3d Cir. June 15, 2011).
2.

Six years later, Petitioner filed a motion for release

arguing the Court lacked jurisdiction over him and raising

arguments under the U.C.C. The Court denied the motion as
frivolous on September 15, 2017. Docket Entry 23.
3.

Petitioner appealed the order to the Third Circuit on

October 2, 2017. Docket Entry 24. He filed the instant motion
for an injunction both in his appeal and in this Court.
4.

The Third Circuit affirmed this Court's order on March

5, 2018. Coleman v. United States of America, No. 17-3186 (3d
Cir. Mar. 5, 2018).
5.

The Court dismisses the motion for an injunction

pending appeal as moot as the Third Circuit has already denied
Petitioner's appeal. Moreover, Petitioner would not have been
entitled to an injunction because he did not meet the standards
under Federal Rule of Civil Procedure 65 as he could not have
shown he was likely to succeed on the merits of his claim for
the reasons stated in this Court's prior opinion.
6.

An appropriate order follows.

fu:M!C?Cr---.;i>-

Date

U.S. District Judge

2