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07-1488 - Worley v. United States of America


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07-1488 - Worley v. United States of America
October 3, 2008
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MEMORANDUM AND ORDER IT IS HEREBY ORDERED that Scott Worley's motion under 28 U.S.C. ยง 2255 is DENIED. [Doc. 1] IT IS FURTHER ORDERED that Scott Worley has not made (1) a substantial showing of the denial of a constitutional right, such that reasonable jurists would find the Courts assessment of the constitutional claims debatable, or that the issues presented were adequate to deserve encouragement to proceed further, Miller-El v. Cockrell, 537 U.S. 322, 336 (2003), or (2) a showing that reasonable jurists would find it debatable whether the Courts procedural rulings are correct, and therefore this Court will not issue a certificate of appealability. See Slack v. McDaniel, 529 U.S. 473, 484-85 (2000). An appropriate judgment will accompany this memorandum and order. Re:1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Scott Worley - Motion is DENIED. Signed by Honorable Charles A. Shaw on 10/3/2008. (NCL)