Soto v. United States of America
MEMORANDUM OPINION that a certificate of appealability will be denied as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 7/29/2015. (AHI)
2015 Jul-29 AM 11:22
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
UNITED STATES OF AMERICA,
On July 7, 2015, the magistrate judge entered a sealed report recommending
the above-captioned Motion to Vacate, Set Aside, or Correct Sentence filed pursuant
to 28 U.S.C. § 2255 be denied.
The magistrate judge further
recommended a certificate of appealability be denied, pursuant to Rule 11 of the
Rules Governing 2255 Proceedings. The time to object has passed, and no objections
have been filed.
After careful consideration of the record in this case and the magistrate judge’s
report, the court hereby ADOPTS the report of the magistrate judge, and ACCEPTS
her recommendations. In accordance with the recommendations, the court finds: (1)
all claims based on the failure to file a substantial assistance motion, including any
related ineffective assistance of counsel claims, will be DENIED as MOOT; (2) all
other claims for ineffective assistance of counsel will be DENIED and DISMISSED
WITH PREJUDICE; and (3) all claims that the sentence imposed in this case is
unreasonable will be DENIED and DISMISSED WITH PREJUDICE, except that
any claims sounding in 28 U.S.C. § 2241 will be DISMISSED WITHOUT
PREJUDICE. Additionally, a certificate of appealability will be DENIED. A
separate order will be entered.
DONE this 29th day of July, 2015.
United States District Judge
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