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08-070 - USA v. Busbee


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08-070 - USA v. Busbee
May 5, 2017
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MEMORANDUM OPINION as to Darrell K Busbee. Petitioner's motion for voluntary dismissal without prejudice 40 will be DENIED, the United States' motion to deny and dismiss with prejudice 41 will be GRANTED, and Petitioner's ยง 2255 motion 35 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. This Court will DENY Petitioner leave to proceed in forma pauperis on appeal. A certificate of appealability SHALL NOT ISSUE. Signed by District Judge Harry S Mattice, Jr on 5/5/17. (aws, )