Patrick v. USA

Filing 19

ORDER as to Corey Bruce Patrick (1), entered as a Judgment by the Clerk: Petitioner is not entitled to relief under 28 U.S.C. § 2255, and his motion to vacate, set aside or correct sentence [Doc. 1, No. 3:17-cv-179; Doc. 41, No . 3:15-cr-63] is DENIED, and this action is DISMISSED. The Clerk is DIRECTED to close civil case number 3:17-CV-179. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court DENIES Petitioner leave to proceed in forma pauperis on appeal. Moreover, because Petitioner has not made a substantial showing of the denial of a constitutional right and jurists of reason would not dispute the Court's conclusions, a certificate of appealability SHALL NOT ISSUE. Signed by District Judge Thomas A Varlan on September 1, 2020. (copy mailed to Corey Bruce Patrick 48114-074 c/o USP LOMPOC) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
COREY BRUCE PATRICK,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Nos.: 3:17-cv-179-TAV-HBG
3:15-cr-63-TAV-HBG-1

ORDER
For the reasons stated in the memorandum opinion, filed contemporaneously with this
order, Petitioner is not entitled to relief under 28 U.S.C. § 2255, and his motion to vacate, set
aside or correct sentence [Doc. 1, No. 3:17-cv-179; Doc. 41, No. 3:15-cr-63] is DENIED, and
this action is DISMISSED. The Clerk is DIRECTED to close civil case number 3:17-CV179.
The Court CERTIFIES that any appeal from this action would not be taken in good
faith and would be totally frivolous. Therefore, this Court DENIES Petitioner leave to proceed
in forma pauperis on appeal. See Fed. R. App. P. 24. Moreover, because Petitioner has not
made a substantial showing of the denial of a constitutional right and jurists of reason would
not dispute the Court’s conclusions, Slack v. McDaniel, 529 U.S. 473, 484 (2000), a certificate
of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; Fed. R. App. P. 22(b).
IT IS SO ORDERED.
s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
s/ John L. Medearis
CLERK OF COURT

Case 3:17-cv-00179-TAV-HBG Document 19 Filed 09/01/20 Page 1 of 1 PageID #: 76