Opinion
CASE NO. 5:02CR30064
04-21-2015
UNITED STATES OF AMERICA, v. DAVID ALLEN DAY, Defendant.
(CASE NO. 5:15CV80804)
FINAL ORDER
By: Hon. Glen E. Conrad Chief United States District Judge
In accordance with the accompanying memorandum opinion, it is hereby
ADJUDGED AND ORDERED
that defendant's current motion (ECF No. 212), seeking to reopen his prior motion to vacate, set aside or correct the sentence, pursuant to 28 U.S.C. § 2255, is CONSTRUED as a § 2255 motion and is summarily DISMISSED under § 2255(h) as successive, and the clerk will close the § 2255 action. Based upon the court's finding that the defendant has not made the requisite showing of denial of a substantial right, a certificate of appealability is DENIED.
ENTER: This 21st day of April, 2015.
/s/_________
Chief United States District Judge