Pollard v. United States of America

Filing 13

ORDER: For the reasons set forth in the Memorandum, the Petitioner's Motions (Doc. Nos. 1 , 7 ) are DENIED, and this action is DISMISSED. Signed by Chief Judge Waverly D. Crenshaw, Jr on 9/7/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION MONTERIUS POLLARD, Petitioner, v. UNITED STATES OF AMERICA, Respondent. ) ) ) ) ) ) ) ) ) ) NO. 3:16-cv-00883 CHIEF JUDGE CRENSHAW ORDER Pending before the Court are the Petitioner’s pro se Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence (Doc. No. 1); an Amended Motion To Vacate, Set Aside, Or Correct Sentence In Accordance With 28 U.S.C. § 2255 (Doc. No. 7), filed by counsel for the Petitioner; and the Government’s Response (Doc. No. 8). For the reasons set forth in the accompanying Memorandum, the Petitioner’s Motions (Doc. Nos. 1, 7) are DENIED, and this action is DISMISSED. 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 Order, and the accompanying Memorandum, 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 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. ______________________________ WAVERLY D. CRENSHAW, JR. Chief United States District Judge

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