Gregory v. Coleman

Filing 87

MEMORANDUM OPINION AND ORDER: Because these issues have already been decided on appeal, the Court DENIES petitioner's 84 MOTION to Vacate judgment and 85 MOTION for Leave to File instanter objections to the denial of petitioner's motion to vacate judgment. Signed by Judge David A. Faber on 03/03/2010. (cc: attys; any unrepresented party) (mls)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA BECKLEY DIVISION ALVIN L. GREGORY, Petitioner, v. MICHAEL V. COLEMAN, Warden, Mount Olive Correctional Complex, Respondent. MEMORANDUM OPINION AND ORDER Pending before the court are petitioner's motions to vacate judgment (Doc. No. 84) and for leave to file instanter objections to the denial of petitioner's motion to vacate judgment (Doc. No. 85). On March 15, 2007, the United States Court of Appeals for Civil Action No. 5:02-0472

the Fourth Circuit denied Gregory a certificate of appealability and dismissed his appeal. Because these issues have already been

decided on appeal, the motions are hereby DENIED. The Clerk is directed to forward a copy of this Memorandum Opinion and Order to all counsel of record and the plaintiff, pro se. IT IS SO ORDERED this 3rd day of March, 2010. ENTER:

David A. Faber Senior United States District Judge