Barber v. USA

Filing 23

ORDER denying 22 Motion for Reconsideration as an unauthorized, successive petition. Court declines to issue Certificate of Appealability. Signed by Chief Judge Frank D. Whitney on 7/29/2013. (Pro se litigant served by US Mail.) (tmg)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:11-cv-243-FDW
(3:07-cr-61-FDW-4)
CHAVIUS MARQUETTE BARBER,

)
)
Petitioner,
)
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v.
)
)
UNITED STATES OF AMERICA,
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Respondent.
)
____________________________________)

ORDER

THIS MATTER is before the Court on Petitioner’s Motion for Reconsideration of this
Court’s Order on Petitioner’s previously filed Motion to Amend/Correct his Motion to Vacate,
Set Aside, Correct Sentence, (Doc. No. 22). Petitioner seeks an Order from this Court essentially
reversing its earlier decision denying his motion to vacate, based on the U.S. Supreme Court’s
decision in Alleyne v. United States, No. 11-9335 (June 17, 2013).
Petitioner’s Motion for Reconsideration is denied as an unauthorized, successive petition,
for the same reasons articulated by the Court in its Order of November 1, 2012, denying another
motion for reconsideration by Petitioner as an authorized, successive petition.
IT IS THEREFORE ORDERED that:
(1) Petitioner’s Motion for Reconsideration, (Doc. No. 22), is DENIED as an
unauthorized, successive petition.
(2) IT IS FURTHER ORDERED that pursuant to Rule 11(a) of the Rules Governing
Section 2254 and Section 2255 Cases, this Court declines to issue a certificate of
appealability. See 28 U.S.C. § 2253(c)(2); Miller-El v. Cockrell, 537 U.S. 322, 338
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(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); Slack v. McDaniel, 529 U.S. 473, 484 (2000) (when relief is denied on
procedural grounds, a petitioner must establish both that the dispositive procedural
ruling is debatable and that the petition states a debatable claim of the denial of a
constitutional right).
Signed: July 29, 2013

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