Barrett v. USA

Filing 9

ORDER denying 1 Motion to Vacate/Set Aside/Correct Sentence (2255). Signed by Judge Stefan R. Underhill on 11/16/2011. (Carter, J.)

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UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT MARC BARRETT, Petitioner, No. 3:11cv1121 (SRU) v. UNITED STATES OF AMERICA, Respondent. RULING ON MOTION TO SET ASIDE OR CORRECT SENTENCE On July 5, 2011, Petitioner Marc Barrett filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (doc. # 1), challenging the legality of the sentence imposed on him over two and a half years earlier on September 30, 2008. On October 13, 2011, I ordered that Mr. Barrett show cause on or before November 12, 2011, why the motion should not be dismissed as untimely under the one-year limitation period imposed by section 2255(f) (doc. # 4). Mr. Barrett has failed to do so. Therefore, petitioner’s Motion to Vacate, Set Aside, or Correct Sentence (doc. # 1), filed well outside of the one-year limitations period, is hereby DENIED. The clerk is directed to close this file. It is so ordered. Dated at Bridgeport, Connecticut, this 16th day of November 2011. /s/ Stefan R. Underhill Stefan R. Underhill United States District Judge

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