FILED
United States Court of Appeals
UNITED STATES COURT OF APPEALS Tenth Circuit
TENTH CIRCUIT September 19, 2011
Elisabeth A. Shumaker
Clerk of Court
UNITED STATES OF AMERICA,
Plaintiff - Appellee,
No. 11-3044
v. (D.C. Nos. 2:10-CV-02542-JWL &
2:06-CR-20066-JWL-1)
JAMES A. MCKEIGHAN, (D. Kan.)
Defendant - Appellant.
ORDER
Before LUCERO, GORSUCH and MATHESON, Circuit Judges.
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 mandate of the court.
ENTERED FOR THE COURT
Scott M. Matheson, Jr.
Circuit Judge