United States v. Folse

U.S. Court of Appeals for the Tenth Circuit July 15, 2016

United States v. Folse, 667 F. App'x 706 (10th Cir. 2016)

Opinion

ORDER DENYING CERTIFICATE OF APPEALABILITY *

Bobby R. Baldock, United States Circuit Judge

Defendant Folse stands convicted of federal offenses related to carjacking and gun possession. His sentencing hearing is currently scheduled for July 19, 2016. In an order dated March 31, 2016, the district court explained to Defendant Folse why his § 2255 petition was premature and dismissed his petition without prejudice. For the reasons stated in that court’s order, Defendant’s appeal from the dismissal thereof is similarly premature. According *707 ly, we deny Defendant a certificate of ap-pealability, deny any outstanding motions as moot, and dismiss the appeal.

APPEAL DISMISSED.

This order is not binding precedent except under the doctrines of law of the case, res judicata, and collateral estoppel. It may be cited, however, for its persuasive value consistent with Fed. R. App. P. 32.1 and 10th Cir. R. 32.1.

Reference

Full Case Name: UNITED STATES of America, Plaintiff-Appellee, v. Kevin FOLSE, Defendant-Appellant
Status: Unpublished