United States District Court, S.D. Indiana, Indianapolis Division
July 7, 2015
JOEL DALE HILTON, Petitioner,
UNITED STATES OF AMERICA.
ENTRY DISMISSING SECTION 2255 ACTION WITHOUT PREJUDICE AND DIRECTING ENTRY OF FINAL JUDGMENT
TANYA WALTON PRATT, JUDGE.
This action has been opened as a motion to vacate under 28 U.S.C. § 2255, however, Mr. Hilton’s direct appeal, CA No. 15-2201, is still pending in the underlying criminal action, No. 1:14-cr-00167-TWP-TAB-1. No extraordinary circumstances have been presented, and therefore, the § 2255 motion is premature and must be dismissed without prejudice. See United States v. Barger, 178 F.3d 844, 848 (7th Cir. 1999) (a district court should not consider a § 2255 motion while a direct appeal is pending because the disposition of the appeal could render the § 2255 motion moot); United States v. Robinson, 8 F.3d 398, 405 (7th Cir. 1993) (“The well-established general rule is that, absent extraordinary circumstances, the district court should not consider § 2255 motions while a direct appeal is pending.”); United States v. Davis, 604 F.2d 474, 484 (7th Cir. 1979) (absent extraordinary circumstances, a § 2255 motion is improper while a direct appeal is pending). Judgment consistent with this Entry shall now issue.
A copy of this Entry shall also be docketed in the criminal action, No. 1:14-cr-00167-TWP-TAB-1.
IT IS SO ORDERED.