IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
June 7, 2010
UNITED STATES OF AMERICA
The opinion of the court was delivered by: John R. Padova, J.
AND NOW, this 7th day of June, 2010, upon consideration of Defendant Tyrone Clark's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Docket No. 249), the Government's Motion to Dismiss Defendant's Motion under 28 U.S.C. § 2255 (Docket No. 256), and all attendant and responsive briefing, and for the reasons stated in the accompanying Memorandum Opinion, IT IS HEREBY ORDERED as follows:
1. The Government's Motion to Dismiss is GRANTED.
2. Defendant's Motion to Vacate, Set Aside or Correct Sentence is DISMISSED.
3. Defendant's Motion to Appoint Counsel (Docket No. 247) is DENIED.
4. Because Clark has failed to make a substantial showing of the denial of a constitutional right, there is no basis for the issuance of a certificate of appealability.
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