McKanry v. United States of America

Filing 17

JUDGMENT IT IS HEREBY ORDERED, ADJUDGED and DECREED that the instant Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 is DENIED. IT IS FURTHER ORDERED that movant has not made (1) a substantial showing of the denial of a constitutional right, such that reasonable jurists would find the Court's assessment of the constitutional claims debatable, or that the issues presented were adequate to deserve encouragement to proceed further, Miller-El v. Cockrell, 53 7 U.S. 322, 336 (2003), or (2) a showing that reasonable jurists would find it debatable whether the Court's procedural rulings are correct, and therefore this Court will not issue a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). Signed by District Judge Charles A. Shaw on 2/4/15. (KXS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION WILLIAM E. MCKANRY, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 4:12-CV-64 CAS JUDGMENT In accordance with the memorandum and order of this date and incorporated herein, IT IS HEREBY ORDERED, ADJUDGED and DECREED that the instant Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 is DENIED. IT IS FURTHER ORDERED that movant has not made (1) a substantial showing of the denial of a constitutional right, such that reasonable jurists would find the Court’s assessment of the constitutional claims debatable, or that the issues presented were adequate to deserve encouragement to proceed further, Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), or (2) a showing that reasonable jurists would find it debatable whether the Court’s procedural rulings are correct, and therefore this Court will not issue a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). CHARLES A. SHAW UNITED STATES DISTRICT JUDGE Dated this 4th day of February, 2015.

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