Powell v. USA

Filing 11

ORDER dismissing as moot 8 Motion for Certificate of Appealability. Signed by Chief Judge Frank D. Whitney on 04/22/2015. (Pro se litigant served by US Mail.)(jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-00483-FDW
(3:11-cr-00403-FDW-2)
JAMES POWELL,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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ORDER

THIS MATTER is before the Court on Petitioner’s pro se motion for a certificate of
appealability.
On November 26, 2014, the Court entered an order denying and dismissing Petitioner’s §
2255 motion to vacate his criminal judgment following an initial review, and the Court denied a
certificate of appealability. Petitioner appealed and the Fourth Circuit dismissed his appeal and
likewise denied a certificate of appealability. See United States v. Powell, No. 15-6120, 2015
U.S. App. LEXIS 6582 (4th Cir. Apr. 21, 2015). Petitioner’s present motion for a certificate of
appealability will be dismissed as moot.
IT IS, THEREFORE, ORDERED that Petitioner’s motion for a certificate of
appealability will be DISMISSED as moot. (Doc. No. 8).
IT IS SO ORDERED.
Signed: April 22, 2015

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