Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

12-067 - USA v. Cate et al


Download Files

Metadata

Document in Context
12-067 - USA v. Cate et al
January 9, 2017
PDF | More
MEMORANDUM OPINION as to David Lynn Cate: Petitioner's § 2255 motion [Doc. 55] 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 Chief District Judge Thomas A Varlan on January 9, 2017. c/m (AYB)
January 9, 2017
PDF | More
JUDGMENT ORDER as to David Lynn Cate (1): Petitioner's § 2255 motion [Doc. 55] is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by Chief District Judge Thomas A Varlan on January 9, 2017. c/m (AYB) Civil Case 3:16-cv-00271-TAV closed.