Kilgore v. USA

Filing 7

Order Directing Case be Closed. Signed by Chief Judge Barbara B. Crabb on 2/12/10. (rep)

IN THE UNITED STATES DISTRICT COURT FO R THE WESTERN DISTRICT OF WISCONSIN --------------------------------------------U N IT E D STATES OF AMERICA, ORDER Plaintiff, 0 9 - cv -3 2 8 - b b c v. M A R C U S KILGORE, D efendan t. --------------------------------------------In May 2009, defendant filed a premature motion for post conviction relief under 28 U .S.C. § 2255. I denied that motion because his direct appeal was pending. That appeal w as decided in January 2010. Almost immediately, defendant wrote to the court to request § 2255 forms, which were sent to him. In the process, the court mistakenly reactivated the case that was opened in May 2009 rather than awaiting a new motion for relief by defendan t. Because defendant has a year from the date on which his conviction became final in w hich to file a post conviction motion, there is ample time for him to file a motion for post co n victio n relief to initiate a new case. Closing this case will not prejudice defendant in any respect.

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OR DER IT IS ORDERED that this action is closed. E n tered this 12th day of February, 2010. B Y THE COURT: /s/ B AR B AR A B. CRABB D istrict Judge

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