Tolliver v. USA, No. 3:2007cv00525 - Document 39 (S.D. Ill. 2009)
Court Description: MEMORANDUM AND OPINION, denying as moot 32 MOTION to Correct the District Court's Construment of Petitioner's Reconsideration Motion filed by John L. Tolliver as Tolliver has voluntarily dismissed his appeal. Signed by Judge J. Phil Gilbert on 4/2/09. (dka, )
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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JOHN L. TOLLIVER, Petitioner, v. Case No. 07-cv-525-JPG UNITED STATES OF AMERICA, Respondent. MEMORANDUM AND ORDER This matter comes before the Court on Petitioner John L. Tolliver s Motion to Correct (Doc. 32). For purposes of his then-pending appeal, Petitioner asked the Court to construe his prior Motion for Reconsideration as a Motion under Federal Rule of Civil Procedure 59. Petitioner also asked for appointment of counsel to assist him in his appeal. As Tolliver has since voluntarily dismissed his appeal, the Court DENIES the Motion as moot. IT IS SO ORDERED. DATED: April 2, 2009 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE
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