Davis v. USA

Filing 6

JUDGMENT ORDER: Petitioner's § 2255 motion [Doc. 1 in Case No. 3:16-cv-467, Doc. 1155 in Case No. 3:15-cr-107-25] is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such noti ce of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because she has failed to make a substantial showing of the denial of a federal const itutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by District Judge Thomas W Phillips on February 25, 2019. (copy mailed to Cindy D. Davis 48562-074, ALDERSON FEDERAL PRISON CAMP, Inmate Mail/Parcels, GLEN RAY RD. BOX A, ALDERSON, WV 24910) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
CINDY DELYNN DAVIS,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Nos. 3:16-cv-467
3:15-cr-107-25
Judge Phillips

JUDGMENT ORDER
For the reasons expressed in the accompanying memorandum opinion, it is
ORDERED and ADJUDGED that Petitioner’s § 2255 motion [Doc. 1 in Case No. 3:16cv-467, Doc. 1155 in Case No. 3:15-cr-107-25] is DENIED and DISMISSED WITH
PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of
appeal will be treated as an application for a certificate of appealability, which is DENIED
pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because she has failed to
make a substantial showing of the denial of a federal constitutional right. The Court
CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such
appeal from this judgment would be frivolous and not taken in good faith.
ENTER:
s/ Thomas W. Phillips
SENIOR UNITED STATES DISTRICT JUDGE