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16-2931 - SNOW v. USA

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16-2931 - SNOW v. USA
March 21, 2018
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Entry Denying Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability - For the reasons explained in this Entry, the motion of Rick D. Snow for relief pursuant to 28 U.S.C. § 2255 must be denied and the action dismissed with prejudice. In addition, the Court finds that a certificate of appealability should not issue. Mr. Snow is not entitled to relief pursuant to 28 U.S.C. § 2255. His motion for relief pursuant to § 2255 is therefore DENIED. Judgment consistent with this Entry shall now issue. 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. Snow 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." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore DENIES a certificate of appealability. This Entry shall also be entered on the docket in the underlying criminal action, No. 1:11-cr-0042-JMS-DML-3. (See Entry). Copy to petitioner via US Mail. Signed by Judge Jane Magnus-Stinson on 3/21/2018.(APD)