Henderson v. United States of America

Filing 33

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).. Signed by District Judge Charles A. Shaw on 3/30/16. (JWD)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION STEPHEN HENDERSON, ) ) ) ) ) ) ) ) ) Movant, v. UNITED STATES OF AMERICA, Respondent. No. 4:12-CV-730 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 30th day of March, 2016.

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