Boyce v. United States of America

Boyce v. United States of America

Petitioner:	Barry A. Boyce
Respondent:	United States of America
Case Number:	1:2011cv00002
Filed:	January 10, 2011
Court:	US District Court for the Eastern District of Missouri
Office:	Cape Girardeau Office
County:	Cape Girardeau
Presiding Judge:	Jean C. Hamilton
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
August 29, 2013	Filing 12 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Movants Motion to Supplement Pending 28 U.S.C. § 2255 Motion Pursuant to Fed. R. Civ. P. Rule 15(c)(1)(B) is GRANTED. IT IS FURTHER ORDERED that Movants Motion to Vacate, Set Aside, or Correct Sen tence (ECFNo. 1) is DENIED, andMovants claims are DISMISSEDwith prejudice. An Order of Dismissal will accompany this Memorandum and Order.IT IS FURTHER ORDERED that because Movant cannot make a substantial showing ofthe denial of a constitutional right, the Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998).. Signed by District Judge Jean C. Hamilton on 8/29/13. (MRS)

Date Filed

Document Text

August 29, 2013

Filing 12 MEMORANDUM AND ORDER...IT IS HEREBY ORDERED that Movants Motion to Supplement Pending 28 U.S.C. § 2255 Motion Pursuant to Fed. R. Civ. P. Rule 15(c)(1)(B) is GRANTED. IT IS FURTHER ORDERED that Movants Motion to Vacate, Set Aside, or Correct Sen tence (ECFNo. 1) is DENIED, andMovants claims are DISMISSEDwith prejudice. An Order of Dismissal will accompany this Memorandum and Order.IT IS FURTHER ORDERED that because Movant cannot make a substantial showing ofthe denial of a constitutional right, the Court will not issue a certificate of appealability. See Cox v. Norris, 133 F.3d 565, 569 (8th Cir. 1997), cert. denied, 525 U.S. 834 (1998).. Signed by District Judge Jean C. Hamilton on 8/29/13. (MRS)

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Respondent: United States of America
Represented By:	Larry H. Ferrell
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Petitioner: Barry A. Boyce
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