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United States v. Potts

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


January 27, 2010

UNITED STATES OF AMERICA
v.
RICHARD POTTS

The opinion of the court was delivered by: Jan E. Dubois, J.

ORDER

AND NOW, this 27th day of January, 2010, upon consideration of Richard Potts's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (Document No 632, filed April 13, 2009, Document No. 649, filed June 1, 2009); Movant's Supplemental Brief in Support of His Motion Filed Pursuant to 28 U.S.C. § 2255 (Document No. 651, filed June 4, 2009); Government's Response in Opposition to Petitioner's Motion Pursuant to 28 U.S.C. § 2255 (Document No. 662, filed July 17, 2009); Petitioner Reply to Government's Response to Section 2255 Motion (Document No. 665, filed July 30, 2009); Government's Supplemental Response in Opposition to Defendant's Motion Pursuant to 28 U.S.C. § 2255 (Document No. 667, filed August 12, 2009); Response in Opposion [sic] to Governments [sic] Supplemental Response to Movant [sic] 2255 (Document No. 671, filed August 20, 2009); Movant's Supplemental Brief in Support of His Traverse Motion Filed August 17, 2009); and Motion to Supplement Movant's Exhibits 1 and 2 (Document No. 670, filed August 19, 2009), for the reasons stated in the attached Memorandum, IT IS ORDERED as follows:

1. Richard Potts's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 is DENIED;

2. A certificate of appealability WILL NOT ISSUE on the ground that petitioner has not made a substantial showing of a denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2);

3. The Motion to Supplement Movant's Exhibits 1 and 2 is GRANTED.*fn1


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