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.)

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