ORTIZ v. UNITED STATES OF AMERICA
| CARLOS ORTIZ |
| UNITED STATES OF AMERICA |
| 1:2023cv00052 |
| January 9, 2023 |
| US District Court for the Southern District of Indiana |
| Mark J Dinsmore |
| Tanya Walton Pratt |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentenc |
| None |
Docket Report
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This docket was last retrieved on February 7, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 3 FINAL JUDGMENT - The Court now enters FINAL JUDGMENT. The motion for relief pursuant to 28 U.S.C. 2255 is dismissed for lack of jurisdiction. Copies sent pursuant to distribution list. Signed by Judge Tanya Walton Pratt on 2/7/2023. (AKH) |
Filing 2
ORDER DISMISSING #1 MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE AND DENYING A CERTIFICATE OF APPEALABILITY - This action is dismissed for lack of jurisdiction. Judgment consistent with this Order shall now issue and a copy of this Order shall be docketed in United States v. Ortiz, No. 1:12-cr-32-TWP-DKL-01. The motion to vacate in the underlying criminal action, Crim. Dkt. 50 , shall also be TERMINATED. A habeas petitioner does not have the absolute right to appeal a district court's denial of hishabeas petition, rather, he must first request a certificate of appealability. The Court finds that Petitioner has failed to show that reasonable jurists would find it "debatable whether [this Court] was correct in its procedural ruling." The Court therefore denies a certificate of appealability. Copies sent pursuant to distribution list. (See Order). Signed by Judge Tanya Walton Pratt on 2/7/2023.(AKH)
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| Filing 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) (1:12-cr-32-TWP-DKL-01), filed by CARLOS ORTIZ.(DJH) |
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| Petitioner: CARLOS ORTIZ | |
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| Respondent: UNITED STATES OF AMERICA | |
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