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14-424 - Falconer v. United States of America


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14-424 - Falconer v. United States of America
March 29, 2017
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MEMORANDUM: For the reasons discussed above, the Court concludes that motion and the files and records of this case conclusively show that Falconer is not entitled to relief under 28 U.S.C. § 2255 based on any of the claims he asserts his motion to vacate. Therefore, the motion will be denied without a hearing. See Engelen v. United States, 68 F.3d 238, 240 (8th Cir. 1995). Additionally, the Cour t finds that Falconer has not made a substantial showing of the denial of a constitutional right. Therefore, the Court will not issue a certificate of appealability. See 28 U.S.C. § 2253. An appropriate Order will accompany this Memorandum. Signed by District Judge Carol E. Jackson on 3/29/2017. (CLO)