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08-005 - Ware v. USA

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08-005 - Ware v. USA
November 17, 2008
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MEMORANDUM AND ORDER re:1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Petitioner Travis L. Ware. IT IS HEREBY ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. ยง2255 (Doc. No. 1) is DENIED, and Movant's claims are DISMISSED with prejudice. An Order of Dismissal will accompany this Memorandum and Order. IT IS FURTHER ORDERED that because Movant cannot make a substantial showing of the denial of a constitutional right, the Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998). Signed by Honorable Jean C. Hamilton on 11/17/08. (CSG)