Opinion
CRIMINAL ACTION 17-407 CIVIL ACTION 20-5117
04-15-2024
UNITED STATES OF AMERICA v. DAVID TONEY
ORDER
Mitchell S. Goldberg, J.
AND NOW, this 14th day of April, 2024, upon consideration of Defendant David Toney's Motion to Vacate, or Set Aside Guilty Plea and Conviction Pursuant to 28 U.S.C. § 2255, and the Government's Response in Opposition, it is hereby ORDERED that:
1. The Motion (ECF No. 207) and Amended § 2255 Motion on Corrected Form (ECF No. 209) are DENIED.
2. Defendant's Pro Se Motion for Expedited Ruling on Motion to Vacate Conviction and Sentence under 28 U.S.C. § 2255 (ECF No. 259) is DENIED AS MOOT.
3. A Certificate of Appealability shall not issue because Defendant has failed to make the necessary showing of the denial of a constitutional right and that reasonable jurists would find the Court's assessment of his claims debatable or wrong. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT: