Witham v. United States

• Court: District Court, E.D. Tennessee
• Decided: October 22, 2021
• Docket: 3:20-cv-00277
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE

BRIAN SCOTT WITHAM, ) ) Petitioner, ) ) v. ) Nos.: 3:20-CV-277-TAV-DCP ) 3:15-CR-177-TAV-DCP-2 UNITED STATES OF AMERICA, ) ) Respondent. )

JUDGMENT ORDER

For the reasons stated in the memorandum opinion filed contemporaneously, petitioner is not entitled to relief under 28 U.S.C. § 2255, so his motion to vacate, set aside, or correct his sentence [No. 3:20-CV-277 Doc. 1] is DENIED. Therefore, this action is DISMISSED, and the Clerk is DIRECTED to close civil case number 3:20-CV-277-TAV-DCP. The Court CERTIFIES that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, any application by petitioner for leave to proceed in forma pauperis on appeal is DENIED. See Fed. R. App. P. 24. Any appeal from this order will be treated as an application for a certificate of appealability, which is hereby DENIED because petitioner has not made a substantial showing of the denial of a constitutional right and jurists of reason would not dispute the above conclusions. See 28 U.S.C. § 2253; Fed. R. App. P. 22(b); Slack v. McDaniel, 529 U.S. 473, 484 (2000). IT IS SO ORDERED.

s/ Thomas A. Varlan UNITED STATES DISTRICT JUDGE

ENTERED AS A JUDGMENT

LeAnna R. Wilson CLERK OF COURT