Pittman v. United States of America

Filing 13

ORDER: For the reasons set forth in the accompanying Memorandum, the Court GRANTS the Government's Motion To Dismiss 7 , and DENIES Petitioner's Motion To Vacate 1 . Accordingly, this action is DISMISSED. Signed by District Judge Todd J. Campbell on 10/24/13. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION

DEMETRIUS B. PITTMAN
v.

UNITED STATES OF AMERICA

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No. 3:13-00250
JUDGE CAMPBELL

ORDER
Pending before the Court are the Petitioner’s Motion Under 28 U.S.C. § 2255 To Vacate,
Set Aside, Or Correct Sentence (Docket No. 1) and Memorandum Of Law And Facts Supporting
Motion To Vacate (Docket No. 2), as well as the United States’ Motion To Dismiss Petitioner’s
Motion (Docket No. 7).
For the reasons set forth in the accompanying Memorandum, the Court GRANTS the
Government’s Motion To Dismiss (Docket No. 7), and DENIES Petitioner’s Motion To Vacate
(Docket No. 1). Accordingly, this action is DISMISSED.
Should the Petitioner give timely notice of an appeal from this 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.

TODD J. CAMPBELL
UNITED STATES DISTRICT JUDGE