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United States of America v. Alphonso Tindal

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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