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12-4993 - Tyson v. United States of America


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12-4993 - Tyson v. United States of America
January 27, 2017
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MEMORANDUM OF DECISION AND ORDER - The Petitioners motion to vacate his conviction and sentence (Dkt. No. 1) is denied. The Court declines to issue a certificate of appealability because the Petitioner has not made a substantial showing that he was denied a constitutional right. See 28 U.S.C. ยง 2253(c)(2). The Court also certifies that any appeal of this Order would not be taken in good faith, and thus his in forma pauperis status is denied for the purposes of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 921, 8 L. Ed. 2d 21 (1962). Based on the Petitioners request, the Clerk of the Court is respectfully directed to mail a copy of the sentencing transcript (Dkt. No. 5-5) to the Petitioner. Also, the Clerk of the Court is respectfully directed to mail a copy of this Order to the Petitioner and close the case. So Ordered by Judge Arthur D. Spatt on 1/27/2017. c/m to Petitioner. (Coleman, Laurie)