Chesser v. USA

Filing 9

JUDGMENT as to Timothy Chesser (1): the motion [Doc. 532] by federal prisoner Timothy Chesser for post-conviction relief pursuant to 28 U.S.C. § 2255 is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appea l 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 he 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 appeal from this judgment by Petitioner would be frivolous and not taken in good faith. Signed by District Judge Pamela L Reeves on September 13, 2019. (copy mailed to Timothy Chesser c/o USP Atlanta) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
TIMOTHY CHESSER,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

Case Nos.

3:14-CR-89
3:16-CV-668

JUDGMENT
For the reasons expressed in the accompanying Memorandum Opinion filed
herewith, it is ORDERED and ADJUDGED that the motion [Doc. 532] by federal
prisoner Timothy Chesser for post-conviction relief pursuant to 28 U.S.C. § 2255 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 he 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 appeal from this
judgment by Petitioner would be frivolous and not taken in good faith.
SO ORDERED.
___________________________________________
CHIEF UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
/s/ JOHN L. MEDEARIS
CLERK OF COURT
1