Byrge v. USA

Filing 13

JUDGMENT ORDER, entered by the Clerk: Petitioners § 2255 motion [Case No. 3:18-cr-147, Doc. 916; Case No. 3:20-cv-307, Doc. 1] is DENIED, and this action is DISMISSED with prejudice. Should Petitioner give timely notice of an a ppeal from this order, such notice will be treated as an application for a certificate of appealability, which is hereby DENIED because she has failed to make a substantial showing of the denial of a constitutional right. Additionally, the Court has reviewed this case in accordance with Rule 24 of the Federal Rules of Appellate Procedure and hereby 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. The Clerk is DIRECTED to close civil case number 3:20-CV-307. Signed by District Judge Thomas A Varlan on November 5, 2021. (copy mailed to Melessa Byrge 31407-074 c/o TALLAHASSEE FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 501 CAPITAL CIRCLE, NE, TALLAHASSEE, FL 32301) (AYB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TENNESSEE
MELESSA BYRGE,
Petitioner,
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

Nos.: 3:20-CV-307-TAV-HBG
3:18-CR-147-TAV-HBG-17

JUDGMENT ORDER
For the reasons set forth in the accompanying opinion, it hereby is ORDERED and
ADJUDGED that Petitioner’s § 2255 motion [Case No. 3:18-cr-147, Doc. 916; Case No.
3:20-cv-307, Doc. 1] is DENIED, and this action is DISMISSED with prejudice.
Should Petitioner give timely notice of an appeal from this order, such notice will
be treated as an application for a certificate of appealability, which is hereby DENIED
because she has failed to make a substantial showing of the denial of a constitutional right.
See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473,
484 (2000). Additionally, the Court has reviewed this case in accordance with Rule 24 of
the Federal Rules of Appellate Procedure and hereby 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.

The Clerk is DIRECTED to close civil case number 3:20-CV-307.
IT IS SO ORDERED.

s/ Thomas A. Varlan
UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT
LeAnna R. Wilson
CLERK OF COURT

2