Payne v. United States of America

Filing 23

ORDER: In accordance with the Memorandum entered contemporaneously herewith, the motion filed by Payne pursuant to 28 U.S.C. § 2255 seeking to vacate, set aside, or correct sentence 1 is hereby DENIED. This action, therefore, is hereby DISMISS ED WITH PREJUDICE. A certificate of appealability will not issue as to the claim of ineffective assistance of counsel set forth in the movant's motion. Rule 11(a), Rules Gov'g § 2255 Motions. Entry of this order shall constitute the judgment in this action. Signed by District Judge Aleta A. Trauger on 6/11/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE COLUMBIA DIVISION THOMAS A. PAYNE, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) No. 1:12-cv-00119 Judge Trauger ORDER The movant, Thomas A. Payne, proceeding pro se, has filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence. (Docket No. 1). The movant presently is incarcerated at the Federal Corrections Institution II in Butner, North Carolina. He is currently serving a sentence of 144 months of imprisonment for six drug-related counts. See United States v. Thomas A. Payne, No. 1:09-cr-00009 (M.D. Tenn. 2012)(Trauger, J.). In accordance with the Memorandum entered contemporaneously herewith, the motion filed by Payne pursuant to 28 U.S.C. § 2255 seeking to vacate, set aside, or correct sentence (Docket No. 1) is hereby DENIED. This action, therefore, is hereby DISMISSED WITH PREJUDICE. Rule 8(a), Rules – § 2255 Cases. A certificate of appealability will not issue as to the claim of ineffective assistance of counsel set forth in the movant’s motion. Rule 11(a), Rules Gov’g § 2255 Motions. Entry of this order shall constitute the judgment in this action. It is so ORDERED. __________________________________ Aleta A. Trauger United States District Judge

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