Kelly v. United States of America

Kelly v. United States of America

Petitioner:	Michael Lamont Kelly
Respondent:	United States of America
Case Number:	3:2016cv01672
Filed:	July 7, 2016
Court:	US District Court for the Middle District of Tennessee
Office:	Nashville Office
County:	Davidson
Presiding Judge:	William J. Haynes
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
September 3, 2019	Filing 14 MEMORANDUM OPINION OF THE COURT & ORDER: For the reasons set forth herein, the Motion to Vacate is DENIED. Rule 22 of the Federal Rules of Appellate Procedure provides that an appeal of the denial of a § 2255 motion may not proceed unless a ce rtificate of appealability (COA) is issued under 28 U.S.C. § 2253. Rule 11 of the Rules Governing § 2255 Proceedings requires that a district court issue or deny a COA when it enters a final order. Because the court finds that the applic ant has made a not made a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c)(2), the court hereby DENIES a COA. the movant may, however, seek a COA directly from the Sixth Circuit Court of Appeals. Fed. R. App. P. 22(b)(1). This is the final Order in this case. The Clerk shall enter judgment. Fed. R. Civ. P. 58. Signed by District Judge Aleta A. Trauger on 9/3/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

Date Filed

Document Text

September 3, 2019

Filing 14 MEMORANDUM OPINION OF THE COURT & ORDER: For the reasons set forth herein, the Motion to Vacate is DENIED. Rule 22 of the Federal Rules of Appellate Procedure provides that an appeal of the denial of a § 2255 motion may not proceed unless a ce rtificate of appealability (COA) is issued under 28 U.S.C. § 2253. Rule 11 of the Rules Governing § 2255 Proceedings requires that a district court issue or deny a COA when it enters a final order. Because the court finds that the applic ant has made a not made a substantial showing of the denial of a constitutional right, 28 U.S.C. § 2253(c)(2), the court hereby DENIES a COA. the movant may, however, seek a COA directly from the Sixth Circuit Court of Appeals. Fed. R. App. P. 22(b)(1). This is the final Order in this case. The Clerk shall enter judgment. Fed. R. Civ. P. 58. Signed by District Judge Aleta A. Trauger on 9/3/2019. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(am)

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Petitioner: Michael Lamont Kelly
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Respondent: United States of America
Represented By:	Jimmie Lynn Ramsaur
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