Neal v. USA

Filing 15

JUDGMENT, entered by the Clerk: Petitioner Jesse M. Neal's pending motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 [Doc. 1] is DISMISSED without prejudice pursuant to his notice of voluntary dismissa l [Doc. 11]. Fed. R. Civ. P. 41(a)(1)(A)(i) and 41(B). Petitioner's motion to supplement his § 2255 motion [Doc. 4] and the United States' motion to deny and dismiss [Doc. 12] are DENIED as MOOT. If Petitioner files a notice of appeal from this Order, it will be treated as an application for a certificate of appealability, which is DENIED because he has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22 (b). Also, the Court CERTIFIES that any appeal from this order would not be taken in good faith. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24(a)(3). Finally, the Clerk is DIRECTED to close this case. Signed by District Judge R Leon Jordan on July 1, 2019. (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
JESSE M. NEAL,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

Nos. 2:12-CR-122-01; 2:16-CV-178

JUDGMENT
In accordance with the accompanying Memorandum Opinion, Petitioner Jesse M. Neal’s
pending motion to vacate, set aside or correct sentence under 28 U.S.C. § 2255 [Doc. 1] is
DISMISSED without prejudice pursuant to his notice of voluntary dismissal [Doc. 11]. Fed. R.
Civ. P. 41(a)(1)(A)(i) and 41(B). Petitioner’s motion to supplement his § 2255 motion [Doc. 4]
and the United States’ motion to deny and dismiss [Doc. 12] are DENIED as MOOT. If Petitioner
files a notice of appeal from this Order, it will be treated as an application for a certificate of
appealability, which is DENIED because he has failed to make a substantial showing of the denial
of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b). Also, the Court
CERTIFIES that any appeal from this order would not be taken in good faith. See 28 U.S.C. §
1915(a)(3); Fed. R. App. P. 24(a)(3). Finally, the Clerk is DIRECTED to close this case.

IT IS SO ORDERED.
ENTER:
s/ Leon Jordan
United States District Judge
ENTERED AS A JUDGMENT
s/ John Medearis
CLERK OF COURT