Logan v. USA

Filing 2

ORDER dismissing without prejudice as premature 1 Motion to Vacate, Set Aside or Correct Sentence (2255). Signed by District Judge Martin Reidinger on 04/10/2017. (Pro se litigant served by US Mail.) (ni)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:16-cv-00301-MR
[Criminal Case No. 1:15-cr-00027-MR-DLH-1]

JONATHAN C. LOGAN,

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Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.
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________________________________ )

ORDER

THIS MATTER is before the Court on Petitioner’s Motion under 28
U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody [Doc. 1].
Judgment was entered against the Petitioner in his underlying
criminal action in this Court on March 29, 2016. [Criminal Case No. 1:15-cr00027-MR-DLH-1 (“CR”), Doc. 34]. The Petitioner filed the pending motion
to vacate in this Court on September 6, 2016. [CR Doc. 36]. On December
2, 2016, the Petitioner filed a Notice of Appeal with the Fourth Circuit Court
of Appeals, and his appeal is currently pending. [CR Doc. 37]. Because the
Petitioner’s direct appeal is pending in the Fourth Circuit, his § 2255 motion
to vacate is premature. The Court, therefore, will dismiss the motion to

vacate without prejudice to the Petitioner refiling the motion after resolution
of his direct appeal.
IT IS, THEREFORE, ORDERED that the Petitioner’s Motion to Vacate
[Doc. 1] is DISMISSED WITHOUT PREJUDICE as premature.
IT IS SO ORDERED.
Signed: April 10, 2017

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