Opinion
Civil Action No. 09-4710, Criminal No. 05-721.
November 16, 2010
ORDER
This matter having come before the Court on an application by James A. Russell, pursuant to 28 U.S.C. § 2255, and the Court having considered the submissions of the parties, without an evidentiary hearing, and for the reasons set forth in the Opinion of even date,
IT IS on this 15th day of November, 2010 hereby
ORDERED that Petitioner's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 is denied; and it is further
ORDERED that, in light of the failure of Petitioner to demonstrate the denial of a constitutionally protected right and pursuant to 28 U.S.C. § 2253(c), no certificate of appealability shall issue.