MATHENY v. UNITED STATES OF AMERICA
| TYWUAN MATHENY |
| UNITED STATES OF AMERICA |
| 1:2019cv01319 |
| April 1, 2019 |
| US District Court for the Southern District of Indiana |
| Tanya Walton Pratt |
| Doris L Pryor |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 |
| None |
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This docket was last retrieved on April 11, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 3 CLOSED JUDGMENT - The court, having this day made its Entry, IT IS THEREFORE ADJUDGED that this action is dismissed for lack of jurisdiction. Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 4/11/2019.(NAD) |
| Filing 2 Entry - Dismissing Motion to Vacate, Set Aside, or Correct Sentence and Denying a Certificate of Appealability. Petitioner filed a document titled, "Federal Jurisdictional Question" in which he asserts that his "conviction must be overturned and he is entitled to be released" in his closed criminal case. Crim. Case Dkt. 1 at p. 6. That document was processed as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. 2255, and this new civil action was opened. Because Matheny's current 2255 motion is successive to his previous motion and that motion was denied on the merits, the current motion must be summarily dismissed for lack of jurisdiction. This action is therefore dismissed for lack of jurisdiction. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in Case No. 1:14-cr-210-TWP-TAB. The motion to vacate (Crim. Dkt. 110) shall also be terminated in the underlying criminal action. the Court finds that Matheny has failed to show that reasonable jurists would find it "debatable whether [this Court] was correct in its procedural ruling." The Court therefore denies a certificate of appealability. (See Entry.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 4/11/2019.(NAD) |
| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by TYWUAN MATHENY. (Attachments: #1 Envelope)(REO) |
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| Respondent: UNITED STATES OF AMERICA | |
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| Petitioner: TYWUAN MATHENY | |
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