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13-042 - USA v. Altiery et al


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13-042 - USA v. Altiery et al
March 29, 2017
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(VACATED per Order, Doc. 106) MEMORANDUM OPINION as to Carlos Altiery. In light of the forgoing and because the Beckles decision forecloses any possibility of collateral relief, this Court's stay of the instant action will be LIFTED and Petitioner's supplemented § 2255 motion [Docs. 95, 98, 103] will be DENIED and DISMISSED WITH PREJUDICE. The 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 03/29/2017. (C/M to pro se filer - not mailed) (AMP) Modified text on 3/30/2017 (AMP).
May 11, 2017
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MEMORANDUM OPINION as to Carlos Altiery. For the reasons discussed above, the United States's motion to deny and dismiss [Doc. 108] will be GRANTED and Petitioner's supplemented § 2255 motion [Doc. 95, 98, 103, 109, 110] will be DENIED and DISMISSED WITH PREJUDICE. The 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 05/11/2017. (C/M) (AMP) Modified on 5/11/2017 to reflect c/m (AMP).