U.S. v. McKEIGHAN, 434 Fed.Appx. 755 (10th Cir. 2011)

UNITED STATES of America, Plaintiff-Appellee, v. James A. McKEIGHAN, Defendant-Appellant.

No. 11-3044.United States Court of Appeals, Tenth Circuit.
September 19, 2011.

[EDITOR’S NOTE: This case is unpublished as indicated by the issuing court.]

Leon Patton, Scott C. Rask, Office of the United States Attorney, Kansas City, KS, for Plaintiff-Appellee.

James A. McKeighan, Leavenworth, KS, pro se.

Before LUCERO, GORSUCH and MATHESON, Circuit Judges.

ORDER
SCOTT M. MATHESON, JR., Circuit Judge.

This matter is before the court on Mr. McKeighan’s 28 U.S.C. § 2255 application for a certificate of appealability. In light of this court’s September 8, 2011 order in related case no. 08-3204, this court lifts the June 6, 2011 order of abatement and dismisses this matter as moot without prejudice to Mr. McKeighan’s later submitting a 28 U.S.C. § 2255 motion as an original filing. We grant Mr. McKeighan’s motion to proceed in forma pauperis. A copy of this order shall stand as the man-date of the court.