Byrge v. USA

Byrge v. USA

Case Number:	3:2020cv00307
Filed:	September 1, 2020
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
November 5, 2021	Filing 13 JUDGMENT ORDER, entered by the Clerk: Petitioners § 2255 motion [Case No. 3:18-cr-147, Doc. 916; Case No. 3:20-cv-307, Doc. 1] is DENIED, and this action is DISMISSED with prejudice. Should Petitioner give timely notice of an a ppeal from this order, such notice will be treated as an application for a certificate of appealability, which is hereby DENIED because she has failed to make a substantial showing of the denial of a constitutional right. Additionally, the Court has reviewed this case in accordance with Rule 24 of the Federal Rules of Appellate Procedure and hereby CERTIFIES 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. The Clerk is DIRECTED to close civil case number 3:20-CV-307. Signed by District Judge Thomas A Varlan on November 5, 2021. (copy mailed to Melessa Byrge 31407-074 c/o TALLAHASSEE FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 501 CAPITAL CIRCLE, NE, TALLAHASSEE, FL 32301) (AYB)
September 1, 2020	Filing 5 ORDER denying 2 Motion to Appoint Counsel; denying 3 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to the Petitioner at her listed address. Signed by Magistrate Judge H Bruce Guyton on 9/1/20. (copy mailed to Melessa Byrge at Tallahassee FCI) (JBR)

Date Filed

Document Text

November 5, 2021

Filing 13 JUDGMENT ORDER, entered by the Clerk: Petitioners § 2255 motion [Case No. 3:18-cr-147, Doc. 916; Case No. 3:20-cv-307, Doc. 1] is DENIED, and this action is DISMISSED with prejudice. Should Petitioner give timely notice of an a ppeal from this order, such notice will be treated as an application for a certificate of appealability, which is hereby DENIED because she has failed to make a substantial showing of the denial of a constitutional right. Additionally, the Court has reviewed this case in accordance with Rule 24 of the Federal Rules of Appellate Procedure and hereby CERTIFIES 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. The Clerk is DIRECTED to close civil case number 3:20-CV-307. Signed by District Judge Thomas A Varlan on November 5, 2021. (copy mailed to Melessa Byrge 31407-074 c/o TALLAHASSEE FEDERAL CORRECTIONAL INSTITUTION, Inmate Mail/Parcels, 501 CAPITAL CIRCLE, NE, TALLAHASSEE, FL 32301) (AYB)

September 1, 2020

Filing 5 ORDER denying 2 Motion to Appoint Counsel; denying 3 Motion for Leave to Proceed in forma pauperis. The Clerk of Court is DIRECTED to mail a copy of this Memorandum and Order to the Petitioner at her listed address. Signed by Magistrate Judge H Bruce Guyton on 9/1/20. (copy mailed to Melessa Byrge at Tallahassee FCI) (JBR)

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