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Johnson v. United States

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA


December 28, 2009

MARTELL JOHNSON, PETITIONER,
v.
UNITED STATES OF AMERICA, RESPONDENT.

The opinion of the court was delivered by: Cynthia M. Rufe, J.

ORDER

AND NOW, this 28th day of December, 2009, upon consideration of Petitioner's Habeas Corpus Motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. No. 39], the Government's Response [Doc. No. 42], and Petitioner's Traverse in Opposition [Doc. No. 43], it is hereby ORDERED that Petitioner's Motion is DENIED as untimely. It is further ORDERED that Petitioner's Motion for Addendum [Doc. No. 41] is hereby DISMISSED as moot.

The Court finds no ground upon which to issue a certificate of appeal, as Petitioner has not made a substantial showing of the denial of a constitutional right.

The Clerk of the Court is directed to CLOSE this case.

It is so ORDERED.

20091228

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