Battle v. United States of America

Filing 35

ORDER: For the reasons set forth in the accompanying Memorandum, theCourt GRANTS the Government's Motion To Dismiss 11 and DENIES Petitioner's Motion To Vacate 1 . Accordingly, this action is DISMISSED. In light of this Memorandum and ac companying Order, Petitioner's Motion For Status 33 is MOOT. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. Signed by District Judge Todd J. Campbell on 4/23/14. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(tmw)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION WILLIAM LESLIE BATTLE v. UNITED STATES OF AMERICA ) ) ) ) ) No. 3:13-01197 JUDGE CAMPBELL ORDER Pending before the Court is a Motion To Vacate, Set Aside, Or Correct Sentence Under 28 U.S.C. § 2255 (Docket No. 1), filed by the Movant/Petitioner, pro se. In response, the Government filed a Motion To Dismiss (Docket No. 11), to which the Petitioner has filed responses (Docket Nos. 17, 31). For the reasons set forth in the accompanying Memorandum, the Court GRANTS the Government’s Motion To Dismiss (Docket No. 11) and DENIES Petitioner’s Motion To Vacate (Docket No. 1). Accordingly, this action is DISMISSED. In light of this Memorandum and accompanying Order, Petitioner’s Motion For Status (Docket No. 33) is MOOT. This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58. 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

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