U.S. v. CORDOVA, 2:14-cv-0574 WBS-CMK (2015)
Court: District Court, E.D. California
Number: infdco20150220a05
Visitors: 27
Filed: Feb. 19, 2015
Latest Update: Feb. 19, 2015
Summary: ORDER WILLIAM B. SHUBB, District Judge. Movant brings this motion to vacate, set aside or correct a criminal judgment pursuant to 28 U.S.C. 2255. The Amended Judgment in this criminal case was entered on August 29, 1996, and no direct appeal was taken. Unless tolled, therefore, the one year statute of limitations of 2255(f) bars the instant motion. Movant, given the opportunity to explain his delay in the form provided for his motion, and again by response to the government's motion to dis
Summary: ORDER WILLIAM B. SHUBB, District Judge. Movant brings this motion to vacate, set aside or correct a criminal judgment pursuant to 28 U.S.C. 2255. The Amended Judgment in this criminal case was entered on August 29, 1996, and no direct appeal was taken. Unless tolled, therefore, the one year statute of limitations of 2255(f) bars the instant motion. Movant, given the opportunity to explain his delay in the form provided for his motion, and again by response to the government's motion to dism..
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ORDER
WILLIAM B. SHUBB, District Judge.
Movant brings this motion to vacate, set aside or correct a criminal judgment pursuant to 28 U.S.C. § 2255. The Amended Judgment in this criminal case was entered on August 29, 1996, and no direct appeal was taken. Unless tolled, therefore, the one year statute of limitations of § 2255(f) bars the instant motion. Movant, given the opportunity to explain his delay in the form provided for his motion, and again by response to the government's motion to dismiss, has suggested no basis for tolling.
IT IS THEREFORE ORDERED that movant's motion for relief under 28 U.S.C. § 2255 be, and the same hereby is, DENIED.
The court declines to issue a certificate of appealability.
Source: Leagle
