Wardell v. USA

Filing 3

FINAL JUDGMENT by Clerk. The defendant's Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 911 is DENIED; Mr. Wardell's Motion for Leave To Supplement / Amend Claim Two of 28 U.S.C. § 2255 Petition 961 which I read as a motion to submit supplemental authority, is GRANTED; Under 28 U.S.C. § 2253(c)(2), a certificate of appealability is DENIED; and the corresponding civil action is hereby CLOSED. By Clerk on 3/21/13. (kfinn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Criminal Case No. 03-cr-00415-REB-01 Civil Action No. 09-cv-02374-REB UNITED STATES OF AMERICA, Plaintiff, v. 1. WENDEL ROBERT WARDELL, JR., Defendant-Movant. ______________________________________________________________________ FINAL JUDGMENT ______________________________________________________________________ Pursuant to and in accordance with Fed. R. Civ. P. 58(a) and the Order entered by the Honorable Robert E. Blackburn [#962], filed Mar. 20, 2013, the following Judgment is hereby entered: 1. That the defendant’s Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 [#911], filed October 5, 2009, is DENIED; 2. That Mr. Wardell’s Motion for Leave To Supplement / Amend Claim Two of 28 U.S.C. § 2255 Petition [#961] filed March 11, 2013, which I read as a motion to submit supplemental authority, is GRANTED; 3. Under 28 U.S.C. § 2253(c)(2), a certificate of appealability is DENIED; and 4. The corresponding civil action is hereby CLOSED. Dated at Denver, Colorado this 21st day of March, 2013. FOR THE COURT: JEFFREY P. COLWELL, CLERK By: s/ Edward P. Butler Edward P. Butler, Deputy Clerk

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