Brown v. USA

Filing 18

MEMORANDUM AND ORDER, The Court DENIES Brown's motion (Doc. 1) and DIRECTS the Clerk of Court to enter judgment accordingly. The Court DECLINES to issue a certificate of appealability. Signed by Judge J. Phil Gilbert on 3/8/2018. (jdh)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ERIK SCOTT BROWN, Petitioner, v. Civil No. 17-cv-430-JPG UNITED STATES OF AMERICA, Criminal No 15-cr-40045-JPG Respondent. MEMORANDUM AND ORDER This matter comes before the Court on petitioner Erik Scott Brown’s motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). For the reasons stated on the record at the March 7, 2018, evidentiary hearing, the Court DENIES Brown’s motion (Doc. 1) and DIRECTS the Clerk of Court to enter judgment accordingly. Pursuant to Rule 11(a) of the Rules Governing § 2255 Proceedings and Rule 22(b)(1) of the Federal Rules of Appellate Procedure, the Court considers whether to issue a certificate of appealability of this final order adverse to the petitioner. A certificate of appealability may issue “only if the applicant has made a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see Tennard v. Dretke, 542 U.S. 274, 282 (2004); Ouska v. Cahill-Masching, 246 F.3d 1036, 1045 (7th Cir. 2001). To make such a showing, the petitioner must “demonstrate that reasonable jurists could debate whether [the] challenge in [the] habeas petition should have been resolved in a different manner or that the issue presented was adequate to deserve encouragement to proceed further.” Ouska, 246 F.3d at 1046; accord Buck v. Davis, 137 S. Ct. 759, 773 (2017); Miller-El v. Cockrell, 537 U. S. 322, 327 (2003). The Court finds that Brown has not made such a showing and, accordingly, DECLINES to issue a certificate of appealability. IT IS SO ORDERED. DATED: March 8, 2018 s/ J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE

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