Filing 31

ORDER granting 30 Motion to Dismiss. Signed by Judge Sean J. McLaughlin on 12/29/2011. (rlh)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA VINCE C. KING, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Civil Action No. 09-153 Erie ORDER th AND NOW, this 29 day of December, 2011, and upon consideration of the Motion to Dismiss filed by Petitioner, Vince C. King, requesting dismissal of his case pursuant to the Supreme Court’s recent decision in DePierre v. United States, 564 U.S. __, 131 S.CT. 2225, 2231-32 (2011), which announced a holding adverse to Petitioner’s position, IT IS HEREBY ORDERED that the Motion to Dismiss filed by Petitioner [ECF No. 30] is GRANTED and the case is hereby DISMISSED with prejudice. s/ cm: Sean J. McLaughlin United States District Judge All parties of record Susan Paradise Baxter, U.S. Magistrate Judge 1

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