Postell v. USA

Filing 7

ORDER denying 6 Motion to Reinstate Motion Seeking Relief Under Section 2241. Signed by Chief Judge Frank D. Whitney on 12/18/2014. (Pro se litigant served by US Mail.)(jlk)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-286-FDW
(3:88-cr-136-FDW-1)
DONALD POSTELL,

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

ORDER

THIS MATTER is before the Court on Petitioner’s “Motion to Excuse Previously Titled
2255 Motion, and Reinstate Motion Seeking Relief under Section 2241,” (Doc. No. 6), filed on
December 16, 2014.

Petitioner’s motion will be denied as moot because this action was

dismissed by Order of this Court dated June 23, 2014, and judgment was entered on June 24,
2015. See (Doc. Nos. 2: 3). To the extent that Petitioner would like to assert claims through a
petition filed under 28 U.S.C. § 2241, he must file a petition with the Court and it will be opened
as a new action.
IT IS, THEREFORE, ORDERED that:
1. Petitioner’s “Motion to Excuse Previously Titled 2255 Motion, and Reinstate Motion
Seeking Relief under Section 2241,” (Doc. No. 6), is DENIED as moot.
Signed: December 18, 2014

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