Shetley v. USA

Filing 16

ORDER, Petitioner's pro se amended motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 9 is DENIED and this action is DISMISSED WITH PREJUDICE. Petitioner's Rule 59(e) motion to reconsider, as construed, 9 and motion for affidavit 12 are DENIED. Further, for the reasons set forth in the Memorandum Opinion, a certificate of appealability SHALL NOT ISSUE. The Court CERTIFIES that any appeal from this Order would not be taken in good faith, and, should the Petitioner file a notice of appeal, he is DENIED leave to proceed in forma pauperis. Signed by District Judge R. Leon Jordan on 2/24/21. (c/m) (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT GREENEVILLE
JOEY LEE SHETLEY,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Nos. 2:18-CV-168
2:16-CR-105

ORDER
In accordance with the accompanying Memorandum Opinion, Petitioner’s pro se
amended motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 [Doc.
9] is DENIED and this action is DISMISSED WITH PREJUDICE. Petitioner’s Rule
59(e) motion to reconsider, as construed, [Doc. 9] and motion for affidavit [Doc. 12] are
DENIED.
Further, for the reasons set forth in the Memorandum Opinion, a certificate of
appealability SHALL NOT ISSUE. The Court CERTIFIES that any appeal from this
Order would not be taken in good faith, and, should the Petitioner file a notice of appeal,
he is DENIED leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(3);
Fed. R. App. P. 24. The Clerk is DIRECTED to close the civil file.
IT IS SO ORDERED.
ENTER:
s/ Leon Jordan
United States District Judge