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07-147 - USA v. Clay


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07-147 - USA v. Clay
May 5, 2017
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MEMORANDUM OPINION as to Gary L Clay: Petitioner's motion for voluntary dismissal without prejudice[Doc. 171] will be DENIED, the United States' motion to deny and dismiss with prejudice [Doc. 170] will be GRANTED, and Petitioner's § 2255 motion [Doc. 166] will be DENIED and DISMISSED WITH PREJUDICE. This Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. See Fed. R. App. P. 24. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; Fed. R. App. P. 22(b). ORDER ACCORDINGLY. Signed by District Judge Harry S Mattice, Jr on 5/5/2017. (BJL, )