Opinion
Case No. CV 13-1166-JFW CR 11-824 JFW
2013-09-23
Albert Mario Herrera, Petitioner, v. United States of America, Respondent.
JUDGMENT
Pursuant to this Court's September 23, 2013 Order denying Petitioner Albert Mario Herrera's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody,
IT IS NOW, THEREFORE, HEREBY ORDERED, ADJUDGED AND DECREED, that the above-captioned action is dismissed with prejudice.
If Petitioner gives timely notice of an appeal, such notice shall be treated as an application for a certificate of appealability, 28 U.S.C. § 2253(c), which will not issue because Petitioner has failed to make a substantial showing of the denial of a constitutional right, as stated in the Court's Order denying Petitioner Albert Mario Herrera's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody.
____________
JOHN F. WALTER
STATES DISTRICT JUDGE