Summary
concluding that "the Supreme Court did not find the rule in Carachuri-Rosendo to be new or hold that it applies retroactively to cases on collateral review."
Summary of this case from Wells v. Snyder-MorrisOpinion
NO. 2:09-cv-51 NO. 2:02-cr-22
06-12-2012
JOSEPH STORY v. UNITED STATES OF AMERICA
Judge Jordan
JUDGMENT ORDER
In accordance with the accompanying memorandum opinion, petitioner's pro se motion to vacate, set aside, or correct a sentence filed under 28 U.S.C. § 2255 is DENIED, his motions to amend are likewise DENIED, and this case is DISMISSED, (Docs. 176, 190, 194). For reasons stated in the opinion, should petitioner give timely notice of an appeal from this order, such notice will be treated as an application for a certificate of appealability, which is hereby DENIED, given his failure to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2); Fed. R. App. P. 22(b).
IT IS SO ORDERED.
ENTER:
_________________________
LEON JORDAN
UNITED STATES DISTRICT JUDGE
ENTERED AS A JUDGMENT
Debra C. Poplin
CLERK OF COURT