Edwards v. USA

Filing 2

ORDER ATTACHED denying 1 Motion to Vacate/Set Aside/Correct sentence (2255). The clerk is directed to enter judgment for Defendant and to CLOSE the case. The Court declines to issue a certificate of appealability because Plaintiff has failed to m ake a substantial showing of the denial of a constitutional right as required by 28 U.S.C. section 2253(c)(2). The Court also declines to allow Plaintiff to proceed IFP pursuant to 28 U.S.C. section 1915(a)(3) because his appeal would not be taken in good faith. Signed by Judge Richard A. Lazzara on 12/2/2014. (CCB)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

JAMES EDWARDS, JR.,
Plaintiff,
v.

CASE NO: 8:14-cv-2983-T-26AEP

UNITED STATES OF AMERICA,
Defendant.
/

ORDER
Upon due and careful consideration of the procedural history of the Plaintiff’s underlying
criminal case,1 the Court concludes that the Plaintiff is entitled to no relief in that his Motion to
Vacate filed pursuant to 28 U.S.C. § 2255 on November 24, 2014, is clearly time-barred.
The Plaintiff’s direct appeal was dismissed by the Eleventh Circuit Court of Appeals on
September 27, 2011.2 As noted above, the Plaintiff did not file his motion until November 24,
2014, or more than one year after his conviction became final. Thus, his motion is clearly timebarred under the provisions of §2255(f)(1). Furthermore, the Plaintiff has utterly failed to plead
sufficient facts entitling him to the benefit of equitable tolling.

1

See case number 8:10-cr-461-T-26AEP.

2

See id., docket 33.

Accordingly, it is ordered and adjudged that the Plaintiff’s Motion to Vacate (Dkt. 1) is
denied. The Clerk is directed to enter judgment for the Defendant and to close this case.

DONE AND ORDERED at Tampa, Florida, on December 2, 2014.

s/Richard A. Lazzara
RICHARD A. LAZZARA
UNITED STATES DISTRICT JUDGE

COPIES FURNISHED TO:

Counsel of Record
Plaintiff, pro se

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