Opinion
Case No. 3:04CR00023
12-10-2012
UNITED STATES OF AMERICA, v. COLIN F. GORDON, Defendant.
ORDER
By: James P. Jones
United States District Judge
For the reasons set forth in the Opinion accompanying this Order, it is ORDERED as follows:
1. The defendant's motion, styled as "MOTION PURSUANT TO Federal Rule Crim. P. 36," (ECF No. 266), is DENIED, and the defendant's submission is CONSTRUED as a Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C.A. § 2255;
2. The Clerk is DIRECTED to redocket the motion as a § 2255 motion;
3. The § 2255 motion is hereby DENIED without prejudice as successive and stricken from the active docket; and
4. A Certificate of Appealability is DENIED, based upon the court's finding that the defendant has not made the requisite showing of denial of a substantial right.
James P. Jones
United States District Judge