IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
March 18, 2011
UNITED STATES OF AMERICA
The opinion of the court was delivered by: Jan E. Dubois, J.
AND NOW, this 18th day of March 2011, upon consideration of petitioner's pro se Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Document No. 93, filed January 31, 2011), Government's Response in Opposition to Defendant Alphonso Tindal's Motion Under 28 U.S.C. § 2255 (Document No. 95, filed February 22, 2011) and Petitioner's Reply in Opposition to Government Motion to Deny § 2255 (Document No. 98, filed March 15, 2011), for the reasons set forth in the Memorandum dated March 18, 2011, IT IS ORDERED as follows:
1. Petitioner's pro se Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Document No. 93, filed January 31, 2011) is DENIED;
2. A certificate of appealability will not issue for any of petitioner's claims because reasonable jurists would not debate whether the petition states a valid claim of the denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2). See Slack v. McDaniel, 529 U.S. 473, 484 (2000); and
3. The Clerk of Court shall MARK the case CLOSED.
BY THE COURT:
Hon. Jan E. DuBois
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