Summary
finding that the defendant had not "diligently pursued his rights" where he "was a fugitive who attempted to evade his sentence," and where even "after his capture, [he] waited over twenty months to file [his] § 2255 Motion"
Summary of this case from Woodley v. United StatesOpinion
CRIMINAL ACTION NO. 05-98
03-13-2012
UNITED STATES OF AMERICA v. GREGORY H. LADNER
ORDER
AND NOW, this 9th day of March, 2012, for the reasons provided in the accompanying Memorandum, it is hereby ORDERED as follows:
(1) The Government's Motion to Dismiss (ECF No. 71) is GRANTED;
(2) The Motion to Vacate, Set Aside, or Correct Sentence Pursuant to 28 U.S.C. § 2255 (ECF No. 65) is DENIED and DISMISSED with prejudice;
(3) A Certificate of Appealability will not issue; and
(4) Counsel for the Government shall contact the U.S. Probation Office to determine Petitioner's current address and serve a copy of this Order and the accompanying Memorandum by Certified Mail on Petitioner at that address.
AND IT IS SO ORDERED.
____________
EDUARDO C. ROBRENO , J.