JONES v. USA

JONES v. USA

Petitioner:	BRUCE JONES
Respondent:	USA
Case Number:	1:2017cv01498
Filed:	May 8, 2017
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Denise K. LaRue
Presiding Judge:	Tanya Walton Pratt
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
July 27, 2018	Filing 37 ORDER DENYING MOTION FOR RELIEF PURSUANT TO 28 U.S.C. § 2255 AND DENYING A CERTIFICATE OF APPEALABILITY - For the reasons explained in this Entry, Jones is not entitled to relief on his § 2255 motion. There was no ineffective assistance of counsel and his sentence was not unconstitutional. 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 the Clerk shall docket a copy of this Entry in No. 1:12-cr-00072-TWP-DML. The motion to vacate shall also be terminated in the underlying criminal action. A habeas petitioner does not have the absolute right to appeal a district court's denial of his habeas petiti on, rather, he must first request a certificate of appealability. 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 Jones 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." The Court therefore DENIES a certificate of appealability. (See Order.) Signed by Judge Tanya Walton Pratt on 7/27/2018.(NAD)

Date Filed

Document Text

July 27, 2018

Filing 37 ORDER DENYING MOTION FOR RELIEF PURSUANT TO 28 U.S.C. § 2255 AND DENYING A CERTIFICATE OF APPEALABILITY - For the reasons explained in this Entry, Jones is not entitled to relief on his § 2255 motion. There was no ineffective assistance of counsel and his sentence was not unconstitutional. 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 the Clerk shall docket a copy of this Entry in No. 1:12-cr-00072-TWP-DML. The motion to vacate shall also be terminated in the underlying criminal action. A habeas petitioner does not have the absolute right to appeal a district court's denial of his habeas petiti on, rather, he must first request a certificate of appealability. 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 Jones 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." The Court therefore DENIES a certificate of appealability. (See Order.) Signed by Judge Tanya Walton Pratt on 7/27/2018.(NAD)

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Petitioner: BRUCE JONES
Represented By:	Mario Garcia
Represented By:	Sara J. Varner
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Respondent: USA
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