Opinion
CRIMINAL NO. 03-00079-CG CIVIL ACTION NO. 12-0562-CG-B
01-04-2013
LEMETRIUS LAMAR MALONE, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
After due and proper consideration of all pleadings in this file, and there having been no objections filed, the Recommendation of the Magistrate Judge made under 28 U.S.C. § 636(b)(1)(B) is adopted as the opinion of this Court.
The court finds that the Petitioner's petition under 28 U.S.C. § 2255 was filed prematurely; therefore, the petition filed on August 31, 2012 (Doc. 111) is hereby DISMISSED without prejudice to Petitioner's right to file a new habeas petition after the disposition of the direct appeal. A certificate of appealability is hereby DENIED.
Callie V. S. Granade
UNITED STATES DISTRICT JUDGE