Kirby v. United States of America

Filing 9

ORDER DISMISSING CASE: For the reasons set forth in the accompanying Memorandum, the Motion To Vacate, Set Aside, Or Correct Sentence (Docket No. 1 ) is DENIED, and this action is DISMISSED. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by District Judge Aleta A. Trauger on 5/25/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(hb)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NORTHEASTERN DIVISION

RAYMOND LEE KIRBY,
Petitioner
v.
UNITED STATES OF AMERICA,
Respondent.

)
)
)
)
)
)
)
)
)

No. 2:16-cv-00039
Judge Trauger

ORDER
Pending before the court are the Petitioner’s Motion To Vacate, Set Aside, Or Correct
Sentence In Accordance With 28 U.S.C. § 2255 (Docket No. 1), the Government’s Response
(Docket No. 5), the Petitioner’s Reply (Docket No. 6), and the Government’s Supplemental
Response (Docket No. 7).
For the reasons set forth in the accompanying Memorandum, the Motion To Vacate, Set
Aside, Or Correct Sentence (Docket No. 1) is DENIED, and this action is DISMISSED.
This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58.
If the Petitioner gives timely notice of an appeal from the court’s Memorandum and
Order, such notice shall be treated as a application for a certificate of appealability, 28 U.S.C. §
2253(c), which will not issue because the Petitioner has failed to make a substantial showing of
the denial of a constitutional right. Castro v. United States, 310 F.3d 900 (6th Cir. 2002).
It is so ORDERED.
Enter this 25th day of May 2017.
_______________________________
ALETA A. TRAUGER
U.S. District Judge