Smith v. United States of America

Smith v. United States of America

Petitioner:	Ivan Albert Smith, Jr.
Respondent:	United States of America
Case Number:	6:2016cv01002
Filed:	June 8, 2016
Court:	US District Court for the Middle District of Florida
Office:	Orlando Office
County:	Orange
Presiding Judge:	Gregory A. Presnell
Presiding Judge:	Karla R. Spaulding
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate Sentence
Jury Demanded By:	None

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Date Filed	Document Text
December 4, 2017	Filing 17 ORDER denying 1 Motion to vacate/set aside/correct sentence (2255) and this case is DISMISSED. The Clerk of the Court shall enter judgment accordingly and is directed to close this case.The Clerk of the Court is directed to file a copy of this Order in criminal case number 6:10-cr-202-Orl-31KRS and to terminate the motion (Criminal Case Doc. 88) pending in that case.This Court should grant an application for certificate of appealability only if the petitioner makes "a substantial sho wing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutional right. Accordingly, a Certificate of Appealability is DENIED in this case. Signed by Judge Gregory A. Presnell on 12/4/2017. (TKW)

Date Filed

Document Text

December 4, 2017

Filing 17 ORDER denying 1 Motion to vacate/set aside/correct sentence (2255) and this case is DISMISSED. The Clerk of the Court shall enter judgment accordingly and is directed to close this case.The Clerk of the Court is directed to file a copy of this Order in criminal case number 6:10-cr-202-Orl-31KRS and to terminate the motion (Criminal Case Doc. 88) pending in that case.This Court should grant an application for certificate of appealability only if the petitioner makes "a substantial sho wing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). Petitioner has failed to make a substantial showing of the denial of a constitutional right. Accordingly, a Certificate of Appealability is DENIED in this case. Signed by Judge Gregory A. Presnell on 12/4/2017. (TKW)

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Petitioner: Ivan Albert Smith, Jr.
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Respondent: United States of America
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