Cooley v. United States of America

Filing 2

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion to vacate under § 2255 is DISMISSED. IT IS FURTHER ORDERED that I will not issue a certificate of appealability. Signed by District Judge Rodney W. Sippel on 6/13/14. (JWD)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
JERRY H. COOLEY,
Movant,
v.
UNITED STATES OF AMERICA,
Respondent,

)
)
)
)
)
)
)
)
)

No. 4:14CV1079 RWS

MEMORANDUM AND ORDER
Movant seeks to vacate his 180-month sentence for robbery of a federally
insured institution under 28 U.S.C. § 2255. Movant is not entitled to relief.
Movant pled guilty on July 14, 2010. United States v. Cooley, 4:10CR205
RWS. In his plea agreement, he expressly waived his right to contest the judgment
in a collateral proceeding, including a § 2255 motion. I sentenced movant on
October 1, 2010. Movant did not appeal.
Voluntary waivers of postconviction rights are enforceable.

DeRoo v.

United States, 223 F.3d 919, 923 (8th Cir. 2000). Movant has not made any
allegations that suggest the waiver should not be enforced.

Moreover, the

limitations period expired in October 2011. As a result, movant may not obtain
relief on the motion.

Finally, movant has not met the burden for obtaining a certificate of
appealability under 28 U.S.C. § 2253(c).
Accordingly,
IT IS HEREBY ORDERED that the motion to vacate under § 2255 is
DISMISSED.
IT IS FURTHER ORDERED that I will not issue a certificate of
appealability.
Dated this 13th day of June, 2014.

RODNEY W. SIPPEL
UNITED STATES DISTRICT JUDGE

2