U.S. v. McCrary

Full title: UNITED STATES OF AMERICA, v. DARRYL McCRARY, Defendant

Court: United States District Court, N.D. Georgia, Atlanta Division

Date published: Jan 26, 2006

Criminal Case No. 1:92-CR-377-03-JEC, 1:06-CV-164-01-JEC (N.D. Ga. Jan. 26, 2006)

Opinion

Criminal Case No. 1:92-CR-377-03-JEC, 1:06-CV-164-01-JEC.

January 26, 2006

ORDER

JULIE CARNES, District Judge

The above entitled action is presently before the Court on defendant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255. The Court notes that the file is in the Eleventh Circuit Court of Appeals on defendant's June 24, 2005 and July 1, 2005 Notice and Amended Notice of Appeal [329, 333].

IT IS HEREBY ORDERED that the Court DENIES WITHOUT PREJUDICE defendant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.S.C. § 2255. Upon receipt of the Eleventh Circuit Court of Appeals's. decision on the defendant's pending appeals, the defendant may seek to reactivate this motion.

The Clerk is directed to close this action.

SO ORDERED.