Humphrey v. United States of America

Filing 19

MEMORANDUM: For the reasons discussed above, the Court concludes that Humphrey is not entitled to relief under 28 U.S.C. § 2255 based on the claims he asserts in the motion and supplemental motion to vacate. Therefore, the motions will be denied without a hearing. See Engelen v. United States, 68 F.3d 238, 240 (8th Cir. 1995). Additionally, the Court finds that Humphrey has not made a substantial showing of the denial of a constitutional right. Therefore, no certificate of appealability will be issued. See 28 U.S.C. § 2253. An order consistent with this Memorandum will be filed separately. Signed by District Judge Carol E. Jackson on 7/24/17. (JAB)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION DERELD HUMPHREY, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) No. 4:15-CV-270 (CEJ) ) ) ) ) ORDER In accordance with the Memorandum filed herewith this date, IT IS HEREBY ORDERED that the motion [Doc. # 1] and supplemental motion [Doc. # 9] of Dereld Humphrey to vacate, set aside, or correct sentence are denied. ____________________________ CAROL E. JACKSON UNITED STATES DISTRICT JUDGE Dated this 24th day of July, 2017.

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