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17-175 - DUDLEY v. USA

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17-175 - DUDLEY v. USA
February 13, 2018
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***PLEASE DISREGARD. VACATED BY 20*** Order Denying Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying a Certificate of Appealability - For the reasons explained in this Order, the motion of Mark Dudley for relief pursuant to 28 U.S.C. § 2255 must be denied and this action dismissed. In addition, the Court finds that a certificate of appealability should not issue. Under these circumstances, the habeas petition is now dismissed as untimely. Judgment shall now issue and a copy of this Entry shall be filed in Mr. Dudley's criminal case, No. 2:13-cr-00004-CTL-CMM-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 Mr. Dudley has failed to show that reasonable jurists would find it "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. (See Order). Signed by Judge William T. Lawrence on 2/13/2018.(APD) Modified on 6/1/2018 (JRB).