Opinion
2:23-CV-090-Z
08-25-2023
GREGORY NEIL MAXWELL, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
FINDINGS, CONCLUSIONS, AND RECOMMENDATION TO DISMISS
LEE ANN RENO UNITED STATES MAGISTRATE JUDGE
Petitioner, Gregory Neil Maxwell, filed an application docketed as a motion to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 by a person in federal custody. (ECF 2). He also sent correspondence that was docketed as a motion with attachments. (ECF 3). The documents were filed before Petitioner was sentenced in the underlying criminal case, No. 2:21-CR-096-Z. Petitioner has now been sentenced and has appealed. The appeal is pending. Accordingly, the pending motions in this case are MOOT.
RECOMMENDATION
For the reasons discussed herein, it is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that the motions of Petitioner, Gregory Neil Maxwell, be DISMISSED AS MOOT.
INSTRUCTIONS FOR SERVICE
The United States District Clerk is directed to send a copy of this Findings, Conclusion and Recommendation to each party by the most efficient means available.
IT IS SO RECOMMENDED.