RIVAS-HERNANDEZ v. USA

RIVAS-HERNANDEZ v. USA

Petitioner:	JOSE RIVAS-HERNANDEZ
Respondent:	USA
Case Number:	1:2014cv00898
Filed:	June 2, 2014
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Tim A. Baker
Presiding Judge:	Larry J. McKinney
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
Jury Demanded By:	None

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Date Filed	Document Text
May 4, 2016	Filing 13 ENTRY Discussing Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability. Rivas is not entitled to relief on his § 2255 motion. There was no ineffective assistance of counsel and his sentence is not uncon stitutional. Accordingly, his motion for relief pursuant to § 2255 is denied and this action is dismissed with prejudice. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:10-cr-37-LJM-DML -1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that Rivas has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. Signed by Judge Larry J. McKinney on 5/4/2016. Copy sent to Petitioner via U.S. Mail. (BGT)

Date Filed

Document Text

May 4, 2016

Filing 13 ENTRY Discussing Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability. Rivas is not entitled to relief on his § 2255 motion. There was no ineffective assistance of counsel and his sentence is not uncon stitutional. Accordingly, his motion for relief pursuant to § 2255 is denied and this action is dismissed with prejudice. Judgment consistent with this Entry shall now issue and a copy of this Entry shall be docketed in No. 1:10-cr-37-LJM-DML -1. Pursuant to Federal Rule of Appellate Procedure 22(b), Rule 11(a) of the Rules Governing § 2255 proceedings, and 28 U.S.C. § 2253(c), the Court finds that Rivas has failed to show that reasonable jurists would find "it debatable whether the petition states a valid claim of the denial of a constitutional right." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. Signed by Judge Larry J. McKinney on 5/4/2016. Copy sent to Petitioner via U.S. Mail. (BGT)

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Petitioner: JOSE RIVAS-HERNANDEZ
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