Yao v. United States

Full title: ANDREW N. YAO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Court: UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

Date published: Oct 7, 2011

CRIMINAL ACTION NO. 07-301 (E.D. Pa. Oct. 7, 2011)

Opinion

CRIMINAL ACTION NO. 07-301 CIVIL ACTION NO. 10-3145

10-07-2011

ANDREW N. YAO, Petitioner, v. UNITED STATES OF AMERICA, Respondent.

Petrese B. Tucker

ORDER

AND NOW, this____day of October, 2011, upon consideration of Petitioner's Motion to Vacate, Set Aside, Correct Sentence (Doc. 89), Respondent's Motion to Dismiss 2255 Petition for Failure to State a Claim Upon Which Relief Can Be Granted Due to Untimeliness Under the AEDPA (Doc. 91), Petitioner's Response in Opposition to the Motion to Dismiss (Doc. 94); Respondent's Reply to the Response (Doc. 95), and Petitioner's Sur-reply to Respondent's Reply (Doc. 97), IT IS HEREBY ORDERED AND DECREED that Respondent's Motion to Dismiss is GRANTED and Petitioner's Motion to Vacate, Set Aside, Correct Sentence is DISMISSED WITH PREJUDICE.

IT IS FURTHER ORDERED that the Clerk of Court shall mark this case as CLOSED for statistical purposes.

BY THE COURT:

Hon. Petrese B. Tucker , U.S.D.J.