Opinion
08-22-2013
UNITED STATES OF AMERICA, v. 1. JAMES LYLE HERRON, Defendant.
JUDGMENT
Pursuant to and in accordance with the Order entered by the Honorable Lewis T. Babcock, Senior Judge, on August 19, 2013, the following Judgment is hereby entered:
It is ORDERED that Defendant-Movant James Lyle Herron's "Motion Pursuant to 60(b)(3), 60(d)(3), 60(b)(4)" (Docket No. 236), treated by the Court as a Motion to Vacate under 28 U.S.C. § 2255 is DENIED and DISMISSED for lack of jurisdiction. It is
FURTHER ORDERED that this action will be docketed as a 28 U.S.C. § 2255 civil action. It is
FURTHER ORDERED that leave to proceed in forma pauperis on appeal is denied without prejudice to the filing of a motion seeking leave to proceed in forma pauperis on appeal in the United States Court of Appeals for the Tenth Circuit. It is
FURTHER ORDERED that pursuant 28 U.S.C. § 2253(c)(2) and Rule 11 of the Rules Governing Section 2255 Proceedings for the United States District Courts, a certificate of appealability is denied.
Dated at Denver, Colorado this 22nd day of August, 2013.
FOR THE COURT:
JEFFREY P. COLWELL, CLERK
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Edward P. Butler, Deputy Clerk