Opinion
3:20-CV-025 3:17-CR-089
03-23-2022
JUSTIN KYLE PHELPS, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
ORDER
Leon Jordan, United States District Judge
In accordance with the accompanying Memorandum Opinion, Petitioner's pro se motion to vacate, set aside, or correct a sentence under 28 U.S.C. § 2255 [Doc. 1; Criminal Doc. 71] is DENIED and this action is DISMISSED WITH PREJUDICE. Petitioner's motion for appointment of counsel [Doc. 13] is DENIED, and his motion for an evidentiary hearing [Id.] is DENIED as MOOT.
Further, for the reasons set forth in the Memorandum Opinion, a certificate of appealability SHALL NOT ISSUE. The Court CERTIFIES that any appeal from this Order would not be taken in good faith, and, should Petitioner file a notice of appeal, he is DENIED leave to proceed in forma pauperis. See 28 U.S.C. § 1915(a)(3); Fed. R. App. P. 24.
The Clerk is DIRECTED to close the civil file.
IT IS SO ORDERED.