UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
February 20, 2009
WARREN GORE, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Chesler, U.S.D.J.
This matter having come before the Court on a motion by pro se Petitioner Warren Gore seeking appointment of counsel [Docket Entry No. 36], and a motion filed by the United States of America (hereinafter "the Government") to dismiss [Docket Entry No. 33] a petition for relief pursuant to the writ of audita querela, 28 U.S.C. § 1651, ("the Petition") filed by Petitioner to vacate, set aside or correct his sentence; and the Petitioner having opposed the Government's motion to dismiss; and the Court having considered the parties' written submissions in connection with these motions; and for the reasons expressed in the Opinion filed herewith,
IT IS on this 20th day of February, 2009,
ORDERED that the Government's motion to dismiss the Petition [Docket Entry No. 33] is GRANTED and the Petition is DISMISSED without prejudice; and it is further
ORDERED that Petitioner's application for appointment of counsel [Docket Entry No. 36] is DENIED; and it is further
ORDERED that this case is CLOSED.
STANLEY R. CHESLER United States District Judge
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