UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF INDIANA INDIANAPOLIS DIVISION ANTOINE NELSON, ) ) Petitioner, ) ) V. ) No. 1:20-cv-00777-JPH-TAB ) UNITED STATES OF AMERICA, ) ) Respondent. )

ORDER DISMISSING MOTION FOR RELIEF PURSUANT TO

AS PREMATURE On March 8, 2019, Petitioner Antoine Nelson pleaded guilty in this Court to being a felon in possession of a firearm. United States v. Nelson, 1:18-cr-23-JPH-TAB-1 (“Cr. Dkt.”), dkt. 87. Judgment was issued on June 13, 2019. Cr. Dkt. 97. Nelson filed a notice of appeal on June 18, 2019. Cr. Dkt. 99. His appeal is still pending. See United States v. Nelson, 19-2161 (7th Cir.). Nelson filed this motion for relief pursuant to

on March 10, 2020. His motion must be DISMISSED without prejudice as premature because his direct appeal is still pending. See United States v. Jenkins,

, 487 (7th Cir. 2019), reh’g denied (Mar. 4, 2019) (citing United States v. Robinson,

(7th Cir. 1993). The clerk shall terminate the motion to vacate in 1:18-cr-23-JPH-TAB-1. Judgment dismissing this action without prejudice shall now issue. SO ORDERED. Date: 3/19/2020 Sjamu Patrick lbanlove James Patrick Hanlon United States District Judge Distribution: Southern District of Indiana ANTOINE NELSON 7817 Danube St.