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05-2033 - Simms v. United States of America

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05-2033 - Simms v. United States of America
July 22, 2008
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Order. Simms' Motion to vacate, set aside or correct his sentence pursuant to 28 USC 2255 1 is DENIED and action is DISMISSED. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that an appeal from this decision could not be taken in good faith. The Court will not issue a certificate of appealability in this case because Simms has not "made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Judge Kathleen M. O'Malley on 7/22/2008. (H,CM) Modified on 7/22/2008 (H,CM).