Morris v. United States of America

Filing 9

Memorandum of Opinion and Order signed by Judge James S. Gwin on 9/7/10. A 2255 motion may only be filed in the Court in which petitioner was convicted. In this instance petitioner was convicted in the Eastern District of Pennsylvania. This action is, therefore, dismissed without prejudice. (Related Doc. 1 ). (M,G)

Morris v. United States of America

Doc. 9

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO DANTE MORRIS, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) CASE NO. 4:10 CV 1565 JUDGE JAMES S. GWIN MEMORANDUM OF OPINION AND ORDER

On July 15, 2010, petitioner pro se Dante Morris, a prisoner at FPI Fort Dix, filed this Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody under 28 U.S.C. § 2255, seeking to challenge his January 2010 conviction in the United States District Court for the Eastern District of

Pennsylvania. An action under section 2255 may only be filed in the court in which Morris was convicted. 28 U.S.C. § 2255.

Accordingly, this action must be and is hereby dismissed without prejudice. The court certifies, pursuant to 28 U.S.C. §

1915(a)(3), that an appeal from this decision could not be taken in good faith, and that there is no basis on which to issue a

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certificate of appealability. 22(b). IT IS SO ORDERED.

28 U.S.C. § 2253; Fed.R.App.P.

Dated: September 7, 2010

s/ James S. Gwin JAMES S. GWIN UNITED STATES DISTRICT JUDGE

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