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16-6729 - United States of America v. Reed

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16-6729 - United States of America v. Reed
January 16, 2018
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MEMORANDUM Opinion and Order written by the Honorable Matthew F. Kennelly on 1/16/2018: For the reasons stated above, the Court grants Anthony Reed's motion for leave to amend [dkt. no. 6] but denies his motion under 28 U.S.C. ยง 2255 [dkt. no. 1] and directs the Clerk to enter judgment denying the motion. The Court declines to issue a certificate of appealability (COA). When, as in this case, a court has denied a section 2255 motion on procedural grounds like the statute of limitations, it should issue a COA if the movant shows that reasonable jurists would find it debatable whether the motion stated a valid claim on the merits and would find debatable the correctness of the court's procedural ruling. Slack v. McDaniel, 529 U.S. 473, 478 (2000). In this case, the statute of limitations ruling is not fairly debatable. Mailed notice. (pjg, )