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U.S. v. STEWART, 1:06CR00046. (2012)

Court: District Court, W.D. Virginia Number: infdco20120606c94 Visitors: 2
Filed: Jun. 04, 2012
Latest Update: Jun. 04, 2012
Summary: ORDER JAMES P. JONES, District Judge. For the reasons set forth in the Opinion accompanying this Final Order, it is ORDERED as follows: 1. The defendant's Motion for Reconsideration (ECF Nos. 163 & 164) is DENIED, and the motion is CONSTRUED as a Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C.A. 2255; 2. The Clerk is DIRECTED to redocket the motion (ECF No. 163 & 164) as a 2255 motion; 3. The 2255 motion is hereby DENIED without prejudice as successive and str
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ORDER

JAMES P. JONES, District Judge.

For the reasons set forth in the Opinion accompanying this Final Order, it is ORDERED as follows:

1. The defendant's Motion for Reconsideration (ECF Nos. 163 & 164) is DENIED, and the motion is CONSTRUED as a Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C.A. § 2255; 2. The Clerk is DIRECTED to redocket the motion (ECF No. 163 & 164) as a § 2255 motion; 3. The § 2255 motion is hereby DENIED without prejudice as successive and stricken from the active docket; and 4. A Certificate of Appealability is DENIED, based upon the court's finding that the defendant has not made the requisite showing of denial of a substantial right.
Source:  Leagle

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