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11-049 - USA v. Stout et al

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11-049 - USA v. Stout et al
May 4, 2017
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MEMORANDUM OPINION as to Frank Ira Stout. For the foregoing reasons, Petitioners motion for voluntary dismissal without prejudice [Docs. 66, 67, 69] will be DENIED, the United Statess motion to deny and dismiss with prejudice [Doc. 68] will be GRANTED, and Petitioners ยง 2255 motion [Doc. 60] 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. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by District Judge J Ronnie Greer on 05/04/2017. (AMP)