Opinion
No. CIV 13-0524 JB/WPL CR 11-2784 JB
08-29-2013
UNITED STATES OF AMERICA, Plaintiff, v. JOHN S. WILLIAMSON, Defendant.
John S Williamson Albuquerque, New Mexico Petitioner pro se
MEMORANDUM OPINION AND ORDER OVERRULING OBJECTIONS
THIS MATTER comes before the Court on Defendant John S. Williamson's Objections to Order of Dismissal and Memorandum Opinion , filed July 10, 2013 (CIV Doc. 6; CR Doc. 147). By order entered on June 29, 2013, the Court dismissed Williamson's Motion to Set Aside, Vacate, or Correct Wrongful Conviction of Person in Federal Custody. The Court dismissed the motion to vacate, because Williamson's appeal from his criminal conviction was still pending, and because the motion presented no "extraordinary circumstances," United States v. Cook, 997 F.2d 1312, 1319 (10th Cir. 1993), that would have justified adjudicating the motion.
Williamson's objections present a number of purported bars to the validity of his criminal conviction; the objections fail, however, to address the central rationale of the dismissal order, namely, that "the orderly administration of criminal justice precludes a district court from considering a § 2255 motion while review of the direct appeal is still pending." United States v. Cook, 997 F.2d at 1319. Williamson's objections fail to establish any infirmity in the order of dismissal, and the docket indicates that his appeal remains pending. The Court will therefore overrule his objections.
IT IS ORDERED that Defendant John S. Williamson's Objections to Order of Dismissal and Memorandum Opinion, filed July 10, 2013 (CIV Doc. 6; CR Doc. 147), are overruled.
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UNITED STATES DISTRICT JUDGE
Parties:
John S Williamson
Albuquerque, New Mexico
Petitioner pro se