Jones v. United States of America

Filing 64

MEMORANDUM AND ORDER. (see order for details) IT IS HEREBY ORDERED that Movant's Motion for Certificate of Appealability [ECF No. 59 ] is DENIED. Signed by District Judge E. Richard Webber on 10/30/2012. (CBL)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION JAMES JONES, Movant, vs. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) Case No. 4:11CV00702 ERW MEMORANDUM AND ORDER This matter comes before the Court on Movant James Jones Motion for a Certificate of Appealability [ECF No. 59]. Movant filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody. On August 30, 2012, the Court entered an order denying Movant’s motion. In that same order, the Court determined not to issue a certificate of appealability as to any claims raised in the Movant’s § 2255 Motion. A certificate of appealability will be issued “only if the applicant has made a substantial showing of the denial of a constitutional right” and has “indicate[d] which specific issue or issues satisfy the showing required.” 28 U.S.C. § 2253(c)(2) & (3). Additionally, the movant must demonstrate that “issues are debatable among reasonable jurists; a court could resolve the issues differently; or the issues deserve further proceedings.” Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997). As the Court concluded in its August 30, 2012 order, Movant has not met this standard. Therefore, Movant’s request for a certificate of appealability is denied. Accordingly, IT IS HEREBY ORDERED that Movant’s Motion for Certificate of Appealability [ECF No. 59] is DENIED. Dated this 30th day of October, 2012. E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE

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