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14-096 - USA v. Dailey


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14-096 - USA v. Dailey
May 15, 2017
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MEMORANDUM OPINION as to Byron F Dailey. For the reasons discussed, Petitioner's pro se ยง 2255 motion [Docs. 44] will be DENIED and DISMISSED WITH PREJUDICE. Petitioner's pro se request that this Court order CJA counsel to review Mathis [Doc. 53] will be DENIED as moot. 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. See Rule 24 of the Federal Rules of Appellate Procedure. 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 05/15/2017. (c/m pro se filer) (CAT)