Bailey v. USA

Filing 13

ORDER denying 12 Petitioner's motion for reconsideration. IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing Section 2255 Proceedings, the Court declines to issue a certificate of appealability. Signed by District Judge Martin Reidinger on 09/06/16. (Pro se litigant served by US Mail.)(emw)

THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:14-cv-00310-MR
CRIMINAL CASE NO. 1:11-cr-00010-MR-DLH

JAMES W. BAILEY, JR.,

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Petitioner,
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vs.
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UNITED STATES OF AMERICA,
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Respondent.
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_______________________________ )

ORDER

THIS MATTER is before the Court on the Petitioner’s “Motion Pursuant
To Rule 60(b) and 60(d) Independent Action,” which the Court construes as
a motion for reconsideration. [Doc. 12].
Upon review of the Petitioner’s motion, the Court finds no basis in law
to reconsider its prior Order denying and dismissing the Petitioner’s motion
to vacate. Accordingly, the Petitioner’s motion for reconsideration is denied.
The Court further finds that Petitioner has not made a substantial
showing of a denial of a constitutional right. See generally 28 U.S.C. §
2253(c)(2); see also Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003) (in
order to satisfy § 2253(c), a “petitioner must demonstrate that reasonable
jurists would find the district court’s assessment of the constitutional claims

debatable or wrong”) (citing Slack v. McDaniel, 529 U.S. 473, 484-85
(2000)). Petitioner has failed to demonstrate both that this Court’s dispositive
procedural rulings are debatable, and that the Motion to Vacate states a
debatable claim of the denial of a constitutional right. Slack, 529 U.S. at 48485. As a result, the Court declines to issue a certificate of appealability. See
Rule 11(a), Rules Governing Section 2255 Proceedings for the United States
District Courts, 28 U.S.C. § 2255.
IT IS, THEREFORE, ORDERED that the Petitioner’s motion for
reconsideration [Doc. 12] is DENIED.
IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules
Governing Section 2255 Proceedings, the Court declines to issue a
certificate of appealability.
IT IS SO ORDERED.

Signed: September 6, 2016

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