Anthony v. United States of America, No. 5:2019cv00178 - Document 2 (W.D. Okla. 2019)
Court Description: MEMORANDUM OPINION AND ORDER. Signed by Honorable Robin J. Cauthron on 04/09/19. A copy of the Order mailed to: Federal Correctional Institution, Curtis Anthony, #29389064, P.O. Box 5000, Bruceton Mills, WV 26525(wh)
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Anthony v. United States of America Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, Plaintiff vs. CURTIS A. ANTHONY, Defendant ) ) ) ) ) ) ) ) ) No. CR-15-126-5-C CIV-19-178-C MEMORANDUM OPINION AND ORDER Defendant has filed a Motion pursuant to 28 U.S.C. § 2255 seeking to vacate, set aside, or correct his sentence. Defendant argues that his counsel was ineffective for failing to file a direct appeal. However, the Court’s docket reflects that Defendant’s trial counsel did in fact file a direct appeal and that appeal is currently pending before the Tenth Circuit. Because Defendant is entitled to file only one 28 U.S.C. § 2255 Motion, absent permission of the Tenth Circuit, the Court finds the appropriate action here is to strike the present filing. Accordingly, Defendant’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Dkt. Nos. 470, 1) is STRICKEN. IT IS SO ORDERED this 9th day of April, 2019. Dockets.Justia.com
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