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05-568 - Smith v. United States of America


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05-568 - Smith v. United States of America
June 9, 2008
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MEMORANDUM AND OPINION - denying 1 Motion to Vacate (2255) as to Ralph Smith (2). This action will be DISMISSED. This action will be DISMISSED. In addition to the above, this court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this court will DENY Smith leave to proceed in forma pauperis on appeal. See Rule 24 of the Federal Rules of Appellate Procedure. Smith 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. ยง 2253; Rule 22(b) of the Federal Rules of Appellate Procedure. Signed by District Judge R Leon Jordan on 6/09/2008. (KMK)
June 9, 2008
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JUDGMENT ORDER Signed by District Judge R Leon Jordan on 6/09/2008. (KMK)