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)

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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, ) ) Petitioner, ) ) vs. ) ) UNITED STATES OF AMERICA, ) ) Respondent. ) ________________________________ ) 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 2

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