Butler v. United States of America

Filing 8

ORDER: In accordance with the Memorandum entered contemporaneously herewith, (1) Marshall Butler's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence is hereby DENIED; (2) entry of this Order on the docket shall constit ute entry of final Judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a); and (3) because Butler cannot demonstrate that jurists of reason would find it debatable whether the Court was correct in its rulings, a Certificate of Appealability will not issue. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). It is so ORDERED. Signed by Senior Judge Robert Echols on 11/25/09. (af)

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MARSHALL BUTLER, Movant, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ORDER In accordance with the Memorandum entered contemporaneously herewith, (1) Marshall Butler's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence is hereby DENIED; (2) entry of this Order on the docket shall constitute entry of final Judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a); and (3) because Butler cannot demonstrate that jurists of reason would find it debatable whether the Court was correct in its rulings, a Certificate of Appealability will not issue. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). It is so ORDERED. _________________________________________ ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE

No. 3:09-0755 (Criminal Case No. 3:07-00136-01) JUDGE ECHOLS