Opinion
Criminal Case No. 3:08cr00042-1
08-23-2012
UNITED STATES OF AMERICA, v. TONY LLOYD JOHNSTON.
MEMORANDUM OPINION
By: Norman K. Moon
United States District Judge
In accordance with this court's memorandum opinion entered this day, it is ORDERED and ADJUDGED that Johnston's motion (Docket No. 104) is CONSTRUED as a motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. § 2255, and the Clerk is directed to FILE the motion as such; the § 2255 motion is DISMISSED without prejudice as successive; and the case is STRICKEN from the active docket.
Further, the court finds that Johnston has not made the requisite showing of the substantial denial of a constitutional right as required by 28 U.S.C. § 2253(c) and, therefore, a certificate of appealability is DENIED.
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NORMAN K. MOON
UNITED STATES DISTRICT JUDGE