Opinion
3:07-cr-138 3:13-cv-345
06-24-2013
TOI L. MELVIN, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
JUDGMENT ORDER
In accordance with the accompanying Memorandum, the motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. § 2255 is DENIED and this action is DISMISSED WITHOUT PREJUDICE. Should the petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is DENIED. The court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this court hereby DENIES the petitioner leave to proceed in forma pauperis on appeal.
ENTER:
Thomas W. Phillips
United States District Judge
ENTERED AS A JUDGMENT
Debra C. Poplin
CLERK OF COURT