IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
January 23, 2006
UNITED STATES OF AMERICA
SAVALAS J. POPE
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 23rd day of January, 2006, upon consideration of the order of court dated December 1, 2005 (Doc. 38), directing defendant to file a response on or before December 30, 2005, showing cause why his motion to vacate sentence (Doc. 37), filed pursuant to 28 U.S.C. § 2255, should not be denied for failure to file within the applicable period of limitations, see 28 U.S.C. § 2255 ("A 1-year period of limitation shall apply to a motion under this section."); see also United States v. Bendolph, 409 F.3d 155, 164 (3d Cir. 2005) (providing that the court may raise § 2255 limitation period sua sponte), and it appearing that as of the date of this order defendant has not filed a response, it is hereby ORDERED that:
1. The motion to vacate sentence (Doc. 37) is DENIED for failure to file within the applicable limitations period. See 28 U.S.C. § 2255; United States v. Bendolph, 409 F.3d 155, 164 (3d Cir. 2005).
2. The Clerk of Court is directed to CLOSE this case.
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