Witham v. USA

Witham v. USA

Case Number:	3:2020cv00277
Filed:	October 22, 2021
Court:	US District Court for the Eastern District of Tennessee
Office:	Knoxville Office
Nature of Suit:	Prisoner: Vacate Sentence
Cause of Action:	28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
October 22, 2021	Filing 11 JUDGMENT ORDER, petitioner is not entitled to relief under 28 U.S.C. § 2255, so his motion to vacate, set aside, or correct his sentence [No. 3:20-CV-277 Doc. 1 ] is DENIED. Therefore, this action is DISMISSED. The Court C ERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, any application by petitioner for leave to proceed in forma pauperis on appeal is DENIED. Any appeal from this order will be tre ated as an application for a certificate of appealability, which is hereby DENIED because petitioner has not made a substantial showing of the denial of a constitutional right and jurists of reason would not dispute the above conclusions.Signed by District Judge Thomas A Varlan on 10/22/21. (ADA)

Date Filed

Document Text

October 22, 2021

Filing 11 JUDGMENT ORDER, petitioner is not entitled to relief under 28 U.S.C. § 2255, so his motion to vacate, set aside, or correct his sentence [No. 3:20-CV-277 Doc. 1 ] is DENIED. Therefore, this action is DISMISSED. The Court C ERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, any application by petitioner for leave to proceed in forma pauperis on appeal is DENIED. Any appeal from this order will be tre ated as an application for a certificate of appealability, which is hereby DENIED because petitioner has not made a substantial showing of the denial of a constitutional right and jurists of reason would not dispute the above conclusions.Signed by District Judge Thomas A Varlan on 10/22/21. (ADA)

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