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United States v. Wampler

United States District Court, W.D. Virginia. Abingdon Division

February 11, 2014

UNITED STATES OF AMERICA,
v.
CECIL EDWARD WAMPLER, JR., Defendant.

FINAL ORDER

JAMES C. TURK, Senior District Judge.

For the reasons stated in the accompanying Opinion, it is

ADJUDGED AND ORDERED

as follows:

1. The defendant's pro se motion for appointment of counsel and a hearing (ECF No. 181) is DENIED;
2. The Clerk is DIRECTED to redocket the motion (ECF No. 181) as a Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. § 2255;
3. The § 2255 motion is DENIED without prejudice as successive;
4. Based upon the Court's finding that the defendant has not made the requisite showing of denial of a substantial right, a certificate of appealability is DENIED; and
5. The § 2255 motion is stricken from the active docket of the court.

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