Campuzano-Tinoco v. USA

Filing 7

MEMORANDUM AND ORDER re: 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Petitioner Gabriel Campuzano-Tinoco motion is DENIED AND DISMISSED as time-barred. IT IS FURTHER ORDERED that the Court will not issue a Certificate of Appealability. 28 U.S.C. § 2253. Signed by District Judge Stephen N. Limbaugh, Jr on 12/12/12. (MRS)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
GABRIEL CAMPUZANO-TINOCO,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 4:12CV1512 SNLJ

MEMORANDUM AND ORDER
This matter is before the Court upon movant’s failure to respond to the
Court’s Order to Show Cause.1 Movant has failed to respond to the Court’s Order,
as such, the Court will adopt the Order to Show Cause in its entirety. The Court,
therefore, finds that the instant action is time-barred under 28 U.S.C. § 2255.
Accordingly,
IT IS HEREBY ORDERED that movant’s motion to vacate, set aside, or
correct illegal sentence pursuant to 28 U.S.C. § 2255 is DENIED AND
DISMISSED as time-barred. Rule 4 of the Rules Governing § 2255 Proceedings.

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On August 31, 2012, the Court ordered movant to show cause as to why the
Court should not dismiss the instant motion to vacate, set aside, or correct
sentence as time-barred.

IT IS FURTHER ORDERED that the Court will not issue a Certificate of
Appealability. 28 U.S.C. § 2253.
Dated this 12th day of December, 2012.

STEPHEN N. LIMBAUGH, JR.
UNITED STATES DISTRICT JUDGE

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