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United States of America v. Alphonso Tindal

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


March 18, 2011

UNITED STATES OF AMERICA
v.
ALPHONSO TINDAL

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

ORDER

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

20110318

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