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U.S. v. HOYTE, 3:93CR00010. (2014)

Court: District Court, W.D. Virginia Number: infdco20130314g67 Visitors: 20
Filed: Mar. 13, 2014
Latest Update: Mar. 13, 2014
Summary: ORDER JAMES P. JONES, District Judge. For the reasons set forth in the Opinion accompanying this Final Order, it is ORDERED that the defendant's Motion for Declaratory Judgment (ECF No. 413) is CONSTRUED as a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 and is DENIED as successive, and the 2255 action is stricken from the active docket of the court. Based upon the court's finding that the defendant has not made the requisite showing of denial of a substanti
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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 that the defendant's Motion for Declaratory Judgment (ECF No. 413) is CONSTRUED as a Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 and is DENIED as successive, and the § 2255 action is stricken from the active docket of the court. Based upon the court's finding that the defendant has not made the requisite showing of denial of a substantial right, a certificate of appealability is DENIED.

Source:  Leagle

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