Order — United States v. Darryl McCrary (N.D. Ga., Dkt. 357, January 26, 2006)

Summary

One-page order in the Northern District of Georgia, Atlanta Division, in a criminal case against Darryl McCrary. The Court notes that the file is in the Eleventh Circuit Court of Appeals on the defendant's Notice and Amended Notice of Appeal. It denies without prejudice his Motion to Vacate, Set Aside or Correct Sentence under 28 U.S.C. 2255. After the Eleventh Circuit decides the pending appeals, the defendant may seek to reactivate the motion, and the Clerk is directed to close the action.

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       Case 1:92-cr-00377-WBH Document 357 Filed 01/26/06 Page 1 of 1


                                                                    FM

                       IN THE UNITED STATES DISTRICT COURT
                      FOR THE NORTHERN DISTRICT OF GEORGIA
                                ATLANTA DIVISION
                                                                        JAN 2 6

  UNITED STATES OF AMERICA,

                                              CRIMINAL CASE NO .
 V.                                           1 :92-CR-377-03-JEC
  DARRYL MCCRARY,                             1 :06-CV-164-01-JEC

            Defendant .



                                      ORDER

        The above entitled act i on is presently before . the           Court on

defendant's Motion to Vacate, Set Aside or Correct .Sentence Under 28

U .S .C . § 2255 [355) . 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 [355] . Upon receipt of the Eleventh Circuit Court of

Appeals's . decis i on on the defendant's pending appeals, the defendant

may seek to reactivate this motion .

        The Clerk is directed to close this action .

        SO ORDERED this ~ ~ day of JANUARY,           2006 .




                                          J      E . CARNES
                                              TED STATES DISTRICT JUDGE


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