Ogle v. USA

Filing 22

JUDGMENT ORDER, entered by the Clerk: Petitioner's § 2255 motion [Doc. 1] is DENIED and DISMISSED as untimely, WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treate d 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 C ERTIFIES 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. Petitioner's other pending motions [docs. 6, 7, 8, 11, 17] are also DENIED. The United States' motion for extension of time [doc. 10] is GRANTED for good cause shown. Signed by District Judge R Leon Jordan on April 28, 2020. (copy mailed to Michael A Ogle 32305-074 c/o FCI BUTNER MEDIUM) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
AT KNOXVILLE
MICHAEL A. OGLE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

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Nos. 3:18-CV-037; 3:08-CR-125

JUDGMENT ORDER
For the reasons provided in the accompanying memorandum opinion, it is
ORDERED and ADJUDGED that Petitioner’s § 2255 motion [Doc. 1] is DENIED and
DISMISSED as untimely, 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 such appeal from this
judgment would be frivolous and not taken in good faith.

Petitioner’s other pending motions [docs. 6, 7, 8, 11, 17] are also DENIED. The
United States’ motion for extension of time [doc. 10] is GRANTED for good cause shown.
IT IS SO ORDERED.
ENTER:

s/ Leon Jordan
United States District Judge
ENTERED AS A JUDGMENT
s/ John Medearis
CLERK OF COURT

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