Opinion
Criminal Case No. 4:01cr70057-1
04-13-2015
UNITED STATES OF AMERICA v. CHARLES LEE TORIAN, Petitioner.
2255 FINAL ORDER
In accordance with the memorandum opinion entered this day, it is hereby ORDERED that Torian's motion (Docket No. 55) is CONSTRUED as a motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 and is DISMISSED without prejudice as successive; and the case is STRICKEN from the active docket.
Further, I find that Torian has not made the requisite showing of the substantial denial of a constitutional right as required by 28 U.S.C. § 2253(c) and, therefore, a certificate of appealability is DENIED.
ENTER: This 13th day of April, 2015.
/s/_________
NORMAN K. MOON
UNITED STATES DISTRICT JUDGE