Nash v. United States of America

Filing 9

ORDER: Respondent's Motion to Dismiss Petitioner's Section 2255 Motion as Time-Barred 7 is GRANTED. Petitioner's Amended Motion to Vacate, Set Aside, or Correct Sentence 4 is DISMISSED without prejudice as time-barred. To the ex tent that a certificate of appealability is required before Petitioner may appeal, the Court will deny the certificate because Petitioner has failed to make a substantial showing that reasonable jurists might disagree that the Petition is time-barred . The Clerk is directed to terminate from pending status the motion to vacate found at Dkt.#49, in the underlying criminal case, case number 8:05-cr-373-T-30TGW. The Clerk is directed to close this file. Signed by Judge James S. Moody, Jr on 6/16/2011. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

MARCUS NASH,
Petitioner,
v.

CASE NO: 8:10-CV-2633-T-30TGW
Crim. Case No: 8:05-CR-373-T-30TGW

UNITED STATES OF AMERICA,
Respondent.
____________________________________/

ORDER
THIS CAUSE comes before the Court upon Petitioner’s Amended Motion to Vacate,
Set Aside, or Correct Sentence Pursuant to 28 U.S.C. §2255 (CV Dkt. #4) filed on December
21, 2010, and Respondent's Motion to Dismiss Petitioner’s Section 2255 Motion as TimeBarred (Dkt. #7) filed on March 3, 2011. Petitioner did not file a response to the Motion to
Dismiss or respond to this Court's Order to Show Cause (Dkt. #8) entered on May 16, 2011,
which directed Petitioner to show cause why his Petition should not be dismissed as timebarred.
Upon review and consideration, the Court determines the Petitioner's Motion should
be dismissed as time-barred. It is therefore
ORDERED AND ADJUDGED that:
1.

Respondent's Motion to Dismiss Petitioner’s Section 2255 Motion as Time-

Barred (Dkt. #7) is GRANTED.

2.

Petitioner’s Amended Motion to Vacate, Set Aside, or Correct Sentence

Pursuant to 28 U.S.C. §2255 (CV Dkt. #4) is DISMISSED without prejudice as time-barred.
3.

To the extent that a certificate of appealability is required before Petitioner may

appeal, the Court will deny the certificate because Petitioner has failed to make a substantial
showing that reasonable jurists might disagree that the Petition is time-barred.
4.

The Clerk is directed to terminate from pending status the motion to vacate

found at Dkt.#49, in the underlying criminal case, case number 8:05-cr-373-T-30TGW.
5.

The Clerk is directed to close this file.

DONE and ORDERED in Tampa, Florida on June 16, 2011.

Copies furnished to:
Counsel/Parties of Record
F:\Docs\2010\10-cv-2633.deny 2255.wpd

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