Opinion
Case No. 2:93-cr-00219-LDG (RJJ), Case No. 2:11-cv-00076-LDG.
May 20, 2011
ORDER
The defendant, Ray Marion Cuddy, moves pursuant to 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody (#320).
This Court sentenced defendant in February 1997. The Ninth Circuit Court of Appeals affirmed defendant's conviction and sentence on July 23, 1998.
Though substantially more than a decade has passed since defendant's judgment of conviction became final, he has not provided any explanation as to why § 2255's one-year statute of limitations does not bar his present motion. Further, nothing in defendant's motion suggests that his motion is not barred by the one-year statute of limitations.
Accordingly,
THE COURT ORDERS that Defendant Ray Marion Cuddy's Motion Pursuant to 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (#320) is DISMISSED.
DATED this 19 day of May, 2011.