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Thomas v. United States

July 24, 2009

KENNETH THOMAS, PETITIONER/DEFENDANT,
v.
UNITED STATES OF AMERICA, RESPONDENT/PLAINTIFF.



The opinion of the court was delivered by: Murphy, District Judge

MEMORANDUM AND ORDER

Before the Court is Petitioner Kenneth Thomas's motion to vacate sentence, pursuant to 28 U.S.C. § 2255. He filed this motion on February 10, 2009, just two weeks after his direct appeal was filed. See United States v. Thomas, Appeal No. 09-1208 (7th Cir., filed Jan. 26, 2009). That appeal remains pending; thus, this action is premature.

Accordingly, this action is DISMISSED without prejudice to Thomas filing a new § 2255 motion, if he deems it necessary, but only after resolution of his direct appeal. The filing of this action, therefore, will not count as Thomas's first § 2255 motion.

The Clerk shall CLOSE THIS CASE.

IT IS SO ORDERED.

G. Patrick Murphy United States District Judge

20090724

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