Witham v. USA

Filing 11

JUDGMENT ORDER, petitioner is not entitled to relief under 28 U.S.C. § 2255, so his motion to vacate, set aside, or correct his sentence [No. 3:20-CV-277 Doc. 1 ] is DENIED. Therefore, this action is DISMISSED. The Court C ERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, any application by petitioner for leave to proceed in forma pauperis on appeal is DENIED. Any appeal from this order will be tre ated as an application for a certificate of appealability, which is hereby DENIED because petitioner has not made a substantial showing of the denial of a constitutional right and jurists of reason would not dispute the above conclusions.Signed by District Judge Thomas A Varlan on 10/22/21. (ADA)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
BRIAN SCOTT WITHAM,

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Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

Nos.: 3:20-CV-277-TAV-DCP
3:15-CR-177-TAV-DCP-2

JUDGMENT ORDER
For the reasons stated in the memorandum opinion filed contemporaneously,
petitioner is not entitled to relief under 28 U.S.C. § 2255, so his motion to vacate, set aside,
or correct his sentence [No. 3:20-CV-277 Doc. 1] is DENIED. Therefore, this action is
DISMISSED,

and

the

Clerk

is

DIRECTED

to

close

civil

case

number

3:20-CV-277-TAV-DCP.
The Court CERTIFIES that any appeal from this action would not be taken in
good faith and would be totally frivolous. Therefore, any application by petitioner for
leave to proceed in forma pauperis on appeal is DENIED. See Fed. R. App. P. 24.
Any appeal from this order will be treated as an application for a certificate of
appealability, which is hereby DENIED because petitioner has not made a substantial
showing of the denial of a constitutional right and jurists of reason would not dispute

the above conclusions. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Slack v. McDaniel,
529 U.S. 473, 484 (2000).
IT IS SO ORDERED.
s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
LeAnna R. Wilson

CLERK OF COURT

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