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U.S. v. TRADER, 04-680-06. (2015)

Court: District Court, E.D. Pennsylvania Number: infdco20150820b16 Visitors: 6
Filed: Aug. 19, 2015
Latest Update: Aug. 19, 2015
Summary: ORDER JAN E. DuBOIS , District Judge . AND NOW, this 18th day of August, 2015, upon consideration of pro se defendant Tyrone Trader's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence (Document No. 679, filed December 3, 2012); Petitioner's Amendment to Motion to Vacate, Set Aside or Correct Sentence (Document No. 702, filed August 15, 2013); Government's Response to Petitioner's Motion to Vacate, Set Aside, and Correct Sentence Pursuant to 28 U.S.C. 2255 (Docume
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ORDER

AND NOW, this 18th day of August, 2015, upon consideration of pro se defendant Tyrone Trader's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Document No. 679, filed December 3, 2012); Petitioner's Amendment to Motion to Vacate, Set Aside or Correct Sentence (Document No. 702, filed August 15, 2013); Government's Response to Petitioner's Motion to Vacate, Set Aside, and Correct Sentence Pursuant to 28 U.S.C. § 2255 (Document No. 735, filed June 30, 2014); Petitioner's Reply to Government's Opposition to Motion to Vacate, Set Aside, or Correct Sentence (Document No. 758, filed June 12, 2015); and a letter from pro se defendant dated July 20, 2015 (Document No. 759, filed July 27, 2015), for the reasons stated in the accompanying Memorandum dated August 18, 2015, IT IS ORDERED as follows:

1. Pro se defendant's Amendment to Motion to Vacate, Set Aside or Correct Sentence (Document No. 702), which the Court construes as a Motion to Amend his Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Document No. 679), is GRANTED;

2. Pro se defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence, as amended, is DISMISSED and DENIED;

3. Pro se defendant's request for an evidentiary hearing is DENIED; and

4. A certificate of appealability WILL NOT ISSUE on the ground that reasonable jurists would not debate this Court's procedural rulings with respect to pro se defendant's claims or whether he has stated a valid claim of the denial of a constitutional right. See Slack v. McDaniel, 529 U.S. 473, 484 (2000); Morris v. Horn, 187 F.3d 333, 340 (3d Cir. 1999); 28 U.S.C. § 2253(c).

Source:  Leagle

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