Opinion
3:17-CV-214-TAV-DCP 3:15-CR-36-TAV-DCP-1
03-13-2023
MARK NIX, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
JUDGMENT ORDER
THOMAS A. VARLAN, UNITED STATES DISTRICT JUDGE
For the reasons set forth in the accompanying opinion, it is hereby ORDERED and ADJUDGED that Petitioner's § 2255 motion [Case No. 3:17-CV-214, Doc. 1; Case No. 3:15-CR-36, Doc. 93] is DENIED, and this civil action is DISMISSED with prejudice.
Should petitioner give timely notice of an appeal from this order, such notice will be treated as an application for a certificate of appealability, which is hereby DENIED because he has failed to make a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484 (2000). Additionally, the Court has reviewed this case in accordance with Rule 24 of the Federal Rules of Appellate Procedure and hereby CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, any application by petitioner for leave to proceed in forma pauperis on appeal is DENIED. See Fed. R. App. P. 24.
The Clerk is DIRECTED to CLOSE civil case number 3:17-cv-214.
IT IS SO ORDERED.