Medina 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 5/29/2017. (Pro se litigant served by US Mail.)(khm)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00127-MR
[Criminal Case No. 1:16-cr-00051-MR-DLH-2]

SAMUEL ZUNIGA MEDINA,

)
)
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 the Petitioner’s Motion under 28
U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody [Doc. 1], which the Court received on May 15, 2017.
The Court entered a Judgment against the Petitioner in his underlying
criminal action on May 4, 2017. [Criminal Case No. 1:16-cr-00051-MR-DLH2 (“CR”), Doc. 125]. The Petitioner filed a Notice of Appeal to the Fourth
Circuit of Appeals immediately after his sentencing. [CR Doc. 123]. Because
the Petitioner’s direct appeal is currently pending in the Fourth Circuit, his
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 under 28
U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in
Federal Custody [Doc. 1] is DISMISSED WITHOUT PREJUDICE as
premature.
IT IS SO ORDERED.
Signed: May 29, 2017

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