UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
January 26, 2011
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Judge Campbell
Pending before the Court is a Motion For Post Conviction Relief Under 28 U.S.C. § 2255 (Docket No. 1), filed by the Movant/Petitioner (hereinafter "Petitioner"). The Government has filed a Response to the Motion (Docket No. 11), and the Petitioner has filed a Reply (Docket No. 14).
The Court has reviewed the pleadings and briefs filed by both parties, the record of Petitioner's underlying conviction, and the entire record in this case. For the reasons set forth in the accompanying Memorandum, the Court concludes that Petitioner's Motion For Post Conviction Relief is DENIED, and this action is DISMISSED.
This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. Should the Petitioner give timely notice of an appeal from this Memorandum and Order, such notice shall be treated as a application for a certificate of appealability, 28 U.S.C. 2253(c), which will not issue because the Petitioner has failed to make a substantial showing of the denial of a constitutional right. Castro v. United States, 310 F.3d 900 (6th Cir. 2002).
It is so ORDERED.
TODD J. CAMPBELL UNITED STATES DISTRICT JUDGE
© 1992-2014 VersusLaw Inc.