Miles v. United States of America

Filing 20

ORDER: For the reasons set forth in the Memorandum, the Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside, Or Correct Sentence (Docket No. 1 ) and the Supplement To Motion To Vacate, Set Aside, Or Correct Sentence (Docket No. 10 ) are DENIED, and this action is DISMISSED. Signed by District Judge Aleta A. Trauger on 6/22/2017. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(ab)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
BOBBY MILES,
Petitioner
v.
UNITED STATES OF AMERICA,
Respondent.

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No. 3:16-cv-00892
Judge Trauger

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 (Docket No. 1); a Supplement To Motion To Vacate, Set
Aside, Or Correct Sentence (Docket No. 10), filed by counsel for Petitioner; the Government’s
Response (Docket No. 15); and the Petitioner’s Reply (Docket No. 18). For the reasons set forth
in the accompanying Memorandum, the Motion Under 28 U.S.C. § 2255 To Vacate, Set Aside,
Or Correct Sentence (Docket No. 1) and the Supplement To Motion To Vacate, Set Aside, Or
Correct Sentence (Docket No. 10) are DENIED, and this action is DISMISSED.
This Order shall constitute the judgment in this case pursuant to Fed. R. Civ. P. 58.
If the Petitioner gives timely notice of an appeal from the court’s Memorandum and
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 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.
Enter this 22nd day of June 2017.
______________________________
ALETA A. TRAUGER
U.S. District Judge