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United States of America v. Damien Nelson.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA CHARLOTTESVILLE DIVISION


March 30, 2011

UNITED STATES OF AMERICA,
v.
DAMIEN NELSON.

The opinion of the court was delivered by: By: Norman K. Moon United States District Judge

2255 FINAL ORDER

For the reasons stated in the accompanying Memorandum Opinion, it is hereby ORDERED and ADJUDGED that Nelson's motion to vacate, set aside or correct sentence, pursuant to 28 U.S.C. § 2255, is DISMISSED without prejudice as successive; and this case is STRICKEN from the active docket of the court.

Further, finding that Nelson has failed to make a substantial showing of the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(1), a certificate of appealability is DENIED.

The Clerk is directed to send a certified copy of this Order and the accompanying Memorandum Opinion to the petitioner.

20110330

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