Opinion
No.: 3:04-CR-42-TAV-CCS-1 No.: 3:16-CV-290-TAV
01-05-2017
BRUCE J. PHILLIPS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
JUDGMENT ORDER
For the reasons expressed in the accompanying memorandum opinion, it is ORDERED and ADJUDGED that Petitioner's § 2255 motion [Doc. 47] is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith.
ENTER:
s/ Thomas A. Varlan
CHIEF UNITED STATES DISTRICT JUDGE ENTERED AS A JUDGMENT s/ Debra C. Poplin
CLERK OF COURT