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07-1060 - Byrd v. United States of America


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07-1060 - Byrd v. United States of America
June 23, 2008
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ORDER : ORDERED that Respondent shall file a copy of the relevant discovery materials used by Counsel to determine that a motion to suppress would be unsuccessful no later than Monday July 7, 2008. Response to Court due by 7/7/2008.. Signed by Honorable Jean C. Hamilton on 6/23/08. (CEL)
July 1, 2008
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ORDER: IT IS HEREBY ORDER that Movant's Motion to Vacate, Set Aside, or correct Sentence under 28 USC 2255 1 is DENIED and his claims are DISMISSED with prejudice. A separate Order of Dismissal will accompany this Memorandum and Order. IT IS FURTHER ORDERED that because Movant cannot make a substantial showing 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, 119 S. Ct. 89 (1998). Signed by Honorable Jean C. Hamilton on 7/1/08. (TRC)
July 1, 2008
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ORDER OF DISMISSAL: IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Movant Mark Byrd's Motion to Vacate, Set Aside, or Correct Sentence under 28 USC 2255 is DENIED, and his claims are DISMISSED with prejudice. Signed by Honorable Jean C. Hamilton on 7/1/08. (TRC)