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15-444 - LOUGHRY v. USA


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15-444 - LOUGHRY v. USA
March 29, 2018
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ORDER Denying Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying a Certificate of Appealability. Mr. Loughry is not entitled to relief on his § 2255 motion. There was no ineffective assistance of counsel, prosecutorial misconduct or judicial misconduct. Accordingly, his motion for relief pursuant to § 2255 is denied and this action is dismissed with prejudice. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:08-cr-00132-SEB-TAB-5. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 Proceedings, and 28 U.S.C. § 2253(c), the Court finds that Mr. Loughry has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right" and "debatable whether [this court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. Signed by Judge Sarah Evans Barker on 3/29/2018. Copy sent to Petitioner via U.S. Mail(LDH)