Demonbreum v. United States of America

Filing 15

ORDER: In accordance with the Memorandum contemporaneously entered, the Court finds merit in the government's Motion to Dismiss (Docket Entry Nos. 11 , 13 ). Therefore, movant's § 2255 Motion to Vacate, Set Aside or Correct Sentence (Docket Entry No. 1 ) is DENIED and this action is hereby DISMISSED. Rule 8(a), Rules -- § 2255 Cases. Should the movant file a timely notice of appeal from this order, such notice shall be treated as an application for a certificate of appeala bility, 28 U.S.C. § 2253(c), which will NOT issue because the movant has failed to make a substantial showing of the denial of a constitutional right. It is so ORDERED. Signed by Chief Judge Todd J. Campbell on 7/29/10. (xc:Pro se party by regular and certified mail.)(tmw)

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Demonbreum v. United States of America Doc. 15 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION ROBERT WAYNE DEMONBREUM Movant, v. UNITED STATES OF AMERICA Respondent. ] ] ] ] ] ] ] No. 3:10-0568 (Crim. No. 3:02-00130) Judge Campbell ORDER In accordance with the Memorandum contemporaneously entered, the Court finds merit in the government's Motion to Dismiss (Docket Entry Nos.11,13). Therefore, movant's § 2255 Motion to Vacate, Set Aside or Correct Sentence (Docket Entry No.1) is DENIED and this action is hereby DISMISSED. Rule 8(a), Rules -- § 2255 Cases. Should the movant file a timely notice of appeal from this order, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will NOT issue because the movant has failed to make a substantial showing of the denial of a constitutional right. It is so ORDERED. ____________________________ Todd Campbell United States District Judge Dockets.Justia.com

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