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08-336 - Heyward v. Lindsay

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08-336 - Heyward v. Lindsay
February 13, 2008
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MEMORANDUM AND ORDER: For the reasons stated above, the instant action is dismissed without prejudice to petitioner's right to file a future motion pursuant to 28 U.S.C. § 2255 if he is convicted of the pending charges. The Clerk of Court is instructed to enter judgment accordingly and to close this case. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this Opinion and Order would not be taken in good faith and, therefore, in forma pauperis status is denied for purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). So Ordered. (Ordered by Judge Allyne R. Ross, on 2/12/2008) C/mailed. (Fwd. for Judgment) (Latka-Mucha, Wieslawa)