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United States of America v. Leon Henry

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


November 21, 2012

UNITED STATES OF AMERICA
v.
LEON HENRY

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

ORDER

AND NOW, this 21st day of November, 2012, upon consideration of Defendant'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. 804, filed January 30, 2012) and the related filings of the parties,*fn1

Defendant's pro se Motion for Summary Judgment (Document No. 818, filed July 12, 2012) and the related filings of the parties,*fn2 Defendant's pro se Motion for a More Definite Statement with Respect to the Government's Cross Complaint for Summary Judgment (Document No. 823, filed August 31, 2012), and Defendant's pro se Motion Seeking Permission to Proceed In Forma Pauperis (Document No. 821, filed August 23, 2012) for the reasons set forth in the Memorandum dated November 21, 2012, IT IS ORDERED as follows:

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

2. Defendant's Motion for Summary Judgment, the government's Cross Complaint for Summary Judgment, and Defendant's Motion for a More Definite Statement with Respect to the Government's Cross Complaint for Summary Judgment are all DENIED AS MOOT;

3. Defendant's Motion Seeking Permission to Proceed In Forma Pauperis is DENIED on the ground that it is unnecessary with respect to a motion under 28 U.S.C. §2255; and

4. The Clerk of Court shall MARK the case CLOSED.

5. A certificate of appealability will not issue for any of defendant's claims because reasonable jurists would not debate whether the motion 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);

BY THE COURT:

Hon. Jan E. Dubois


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