Ogburn v. United States of America, No. 3:2009cv00494 - Document 16 (M.D. Tenn. 2009)

Court Description: ORDER: In accordance with the Memorandum entered contemporaneously herewith, Everett K. Ogburn's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence is hereby DENIED. This case is hereby DISMISSED WITH PREJUDICE. Entry o f this Order on the docket shall constitute entry of final Judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Because Movant cannot demonstrate that jurists of reason would find it debatable whether the Court was correct in its rulings, a Certificate of Appealability will not issue. Signed by Senior Judge Robert Echols on 9/21/09. (cc: Movant by reg. & cert. mail)(dt)

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Ogburn v. United States of America Doc. 16 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION EVERETT K. OGBURN, ) ) ) ) ) ) ) ) ) Movant, v. UNITED STATES OF AMERICA, Respondent. No. 3:09-0494 (Criminal Case No. 3:03-00205-04) JUDGE ECHOLS ORDER In accordance with the Memorandum entered contemporaneously herewith, Everett K. Ogburn’s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence is hereby DENIED. This case is hereby DISMISSED WITH PREJUDICE. Entry of this Order on the docket shall constitute entry of final Judgment in accordance with Federal Rules of Civil Procedure 58 and 79(a). Because Movant cannot demonstrate that jurists of reason would find it debatable whether the Court was correct in its rulings, a Certificate of Appealability will not issue. See Slack v. McDaniel, 529 U.S. 473, 483-84 (2000). It is so ORDERED. _________________________________________ ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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