DUNCAN v. USA

DUNCAN v. USA

Petitioner:	THOMAS DUNCAN
Respondent:	USA
Case Number:	1:2016cv01390
Filed:	June 6, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	Jane Magnus-Stinson
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
June 5, 2019	Filing 51 Order Denying Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability - Petitioner Thomas Duncan seeks relief from his conviction and sentence pursuant to 28 U.S.C. § 2255 arguing that his trial counsel was i neffective and that his sentence is improper in light of recent Supreme Court caselaw. Thomas Duncan is not entitled to relief on his § 2255 motion. His sentence is not unconstitutional. Accordingly, his motion for relief pursuant to § 22 55 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. 1:15-cr-0009-JMS-DKL-1. The motions to vacate shall also be terminated in the underlying c riminal action. 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 Duncan has failed to show that reasonable jurists would find "i t debatable whether the petition states a valid claim of the denial of a constitutional right" and "debatable whether [this court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (See Order). Copy to Thomas Duncan via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/5/2019.(JDH)

Date Filed

Document Text

June 5, 2019

Filing 51 Order Denying Motion for Relief Pursuant to 28 U.S.C. § 2255 and Denying Certificate of Appealability - Petitioner Thomas Duncan seeks relief from his conviction and sentence pursuant to 28 U.S.C. § 2255 arguing that his trial counsel was i neffective and that his sentence is improper in light of recent Supreme Court caselaw. Thomas Duncan is not entitled to relief on his § 2255 motion. His sentence is not unconstitutional. Accordingly, his motion for relief pursuant to § 22 55 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. 1:15-cr-0009-JMS-DKL-1. The motions to vacate shall also be terminated in the underlying c riminal action. 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 Duncan has failed to show that reasonable jurists would find "i t debatable whether the petition states a valid claim of the denial of a constitutional right" and "debatable whether [this court] was correct in its procedural ruling." Slack v. McDaniel, 529 U.S. 473, 484 (2000). The Court therefore denies a certificate of appealability. (See Order). Copy to Thomas Duncan via U.S. mail. Signed by Judge Jane Magnus-Stinson on 6/5/2019.(JDH)

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Petitioner: THOMAS DUNCAN
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Respondent: USA
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