USA v. Allen, JKB-14-0198 (2017)
Court: District Court, D. Maryland
Number: infdco20171227783
Visitors: 21
Filed: Dec. 14, 2017
Latest Update: Dec. 14, 2017
Summary: MEMORANDUM AND ORDER JAMES K. BREDAR , Chief District Judge . Pending before the Court is Derrick Allen's motion to vacate pursuant to 28 U.S.C. 2255. (Crim. No. 14-0198, ECF No. 63.) The Court has considered it and the Government's response (ECF No. 64). For the reasons stated by the Government in its opposition, the Court concludes the motion is without merit. Accordingly, it is DENIED. A certificate of appealability may issue only if the movant has made a substantial showing of the d
Summary: MEMORANDUM AND ORDER JAMES K. BREDAR , Chief District Judge . Pending before the Court is Derrick Allen's motion to vacate pursuant to 28 U.S.C. 2255. (Crim. No. 14-0198, ECF No. 63.) The Court has considered it and the Government's response (ECF No. 64). For the reasons stated by the Government in its opposition, the Court concludes the motion is without merit. Accordingly, it is DENIED. A certificate of appealability may issue only if the movant has made a substantial showing of the de..
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MEMORANDUM AND ORDER
JAMES K. BREDAR, Chief District Judge.
Pending before the Court is Derrick Allen's motion to vacate pursuant to 28 U.S.C. § 2255. (Crim. No. 14-0198, ECF No. 63.) The Court has considered it and the Government's response (ECF No. 64). For the reasons stated by the Government in its opposition, the Court concludes the motion is without merit. Accordingly, it is DENIED.
A certificate of appealability may issue only if the movant has made a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). See also Slack v. McDaniel, 529 U.S. 473, 484 (2000). In order to satisfy § 2253(c), a movant must demonstrate that reasonable jurists would find the district court's assessment of the constitutional claims debatable or wrong. Miller-El v. Cockrell, 537 U.S. 322, 336-38 (2003) (citing Slack, 529 U.S. at 484). Allen has failed to make the required showing to justify a certificate of appealability, and the Court, therefore, declines to issue one.
The Clerk SHALL MAIL a copy of this memorandum and order to the movant and SHALL CLOSE the civil case.
SO ORDERED.
Source: Leagle
