Figueroa v. United States Of America

Filing 26

ORDER construing 24 Motion for Reconsideration as a motion to vacate, set aside or correct sentence, pursuant to 28 USC §2255. The clerk will refile 24 Motion for Reconsideration in 6:05-cr-00024 as a §2255 motion to vacate. A certificate of appealability is denied. Signed by Judge Norman K. Moon on 03/30/2012. (kab)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
ROANOKE DIVISION

MEBLIN XIOMAR FIGUEROA
v.
UNITED STATES OF AMERICA

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Civil Action No. 7:07cv00329
FINAL ORDER
By: Norman K. Moon
United States District Judge

In accordance with this court’s memorandum opinion entered this day, it is ORDERED and
ADJUDGED that Figueroa’s motion (Docket No. 24) is CONSTRUED as a motion to vacate, set
aside, or correct sentence, pursuant to 28 U.S.C. § 2255, and the Clerk is directed to FILE the
motion as such; the § 2255 motion is DISMISSED without prejudice as successive; and the case
is STRICKEN from the active docket.
Further, the court finds that Figueroa has not made the requisite showing of the substantial
denial of a constitutional right as required by 28 U.S.C. § 2253(c) and, therefore, a certificate of
appealability is DENIED.
ENTER: This 30th day of March, 2012.