Sanders v. Warden, FCC Coleman - Low 6:2016cv00915 | US District Court for the Middle District of Florida

Justia Dockets & Filings Eleventh Circuit Florida Middle District Sanders v. Warden, FCC Coleman - Low

Sanders v. Warden, FCC Coleman - Low

Petitioner:	Willie Jerome Sanders
Respondent:	United States of America
Case Number:	6:2016cv00915
Filed:	September 2, 2015
Court:	US District Court for the Middle District of Florida
Office:	Orlando Office
County:	Sumter
Presiding Judge:	Gregory A. Presnell
Presiding Judge:	Thomas B. Smith
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
December 15, 2016	Filing 30 ORDER granting in part and denying in part 29 Motion to Lift Stay and Adopt and Preserve Arguments. The stay previously entered in this case is lifted. Petitioner is allowed to adopt the arguments set forth in the defendant's briefs in Fritts. The Court denies Petitioner's request for a certificate of appealability. This Court should grant an application for certificate of appealability only if the Petitioner makes "a substantial showing of the denial of a constitution al right." 28 U.S.C. Sec. 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutional right. The Amended Motion to Vacate, Set Aside, or Correct Sentence (Doc. 17 ) is DENIED. This case is DISMISSED with prejudice.The Clerk of the Court is directed to enter judgment in favor of Respondent and to close this case. A copy of this Order and the judgment shall also be filed in criminal case number 6:12-cr-53-Orl-31TBS.The Clerk of the Court is directed to terminate any related section 2255 motion filed in criminal case number 6:12-cr-53-Orl-31TBS. Signed by Judge Gregory A. Presnell on 12/15/2016. (TKW)

Date Filed

Document Text

December 15, 2016

Filing 30 ORDER granting in part and denying in part 29 Motion to Lift Stay and Adopt and Preserve Arguments. The stay previously entered in this case is lifted. Petitioner is allowed to adopt the arguments set forth in the defendant's briefs in Fritts. The Court denies Petitioner's request for a certificate of appealability. This Court should grant an application for certificate of appealability only if the Petitioner makes "a substantial showing of the denial of a constitution al right." 28 U.S.C. Sec. 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutional right. The Amended Motion to Vacate, Set Aside, or Correct Sentence (Doc. 17 ) is DENIED. This case is DISMISSED with prejudice.The Clerk of the Court is directed to enter judgment in favor of Respondent and to close this case. A copy of this Order and the judgment shall also be filed in criminal case number 6:12-cr-53-Orl-31TBS.The Clerk of the Court is directed to terminate any related section 2255 motion filed in criminal case number 6:12-cr-53-Orl-31TBS. Signed by Judge Gregory A. Presnell on 12/15/2016. (TKW)

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Petitioner: Willie Jerome Sanders
Represented By:	Danli Song
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Respondent: United States of America
Represented By:	Jeffrey S. Downing
Represented By:	Alejandro J. Salicrup
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