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17-015 - DAY v. USA

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17-015 - DAY v. USA
May 25, 2018
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ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (See Order.) Copy to Petitioner via US Mail. Signed by Judge Tanya Walton Pratt on 5/25/2018.(NAD)ORDER DENYING MOTION FOR RELIEF PURSUANT TO 28 U.S.C. § 2255 AND DENYING A CERTIFICATE OF APPEALABILITY - For the reasons explained in this Entry, Day is not entitled to relief through his motion for relief pursuant to 28 U.S.C. § 2255. There was no ineffective assistance of counsel. Accordingly, his Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Dkt. 1) 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 Case No. 1:13-cr-00185-TWP-DML-1. 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 Day 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