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Edgar Paredes-Vargas v. United States of America

January 10, 2012

EDGAR PAREDES-VARGAS, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Richard A. Lazzara United States District Judge

ORDER

Plaintiff, proceeding pro se, has filed a motion seeking reduction of his sentence pursuant to 28 U.S.C. § 2255. Because it is undisputed from the record in the underlying criminal proceedings*fn1 that Plaintiff's motion is time barred, he is entitled to no relief. See Jackson v. Sec'y for Dep't of Corr., 292 F.3d 1347, 1349 (11th Cir. 2002) (holding that a district court possesses the discretion to raise the issue of the timeliness of a habeas petition sua sponte). Consequently, the Court needs no response from Defendant or to convene an evidentiary hearing to resolve the merits of the motion.

The record in the underlying criminal proceedings reflects that this Court sentenced Defendant on July 2, 2008, to a term of imprisonment of 135 months to be followed by a term of 60 months of supervised release, and he did not appeal.*fn2 As reflected on Plaintiff's mailing envelope, he mailed the motion to the Clerk in early January of this year. Thus, it is readily apparent that Plaintiff filed his motion more than one year after his judgment of conviction became final so that the motion is time-barred. See 28 U.S.C. § 2255(f)(1).

Accordingly, it is ordered and adjudged that Plaintiff's Motion to Vacate (Dkt. 1) is denied. His Motion to Proceed In Forma Pauperis (Dkt. 2) is likewise denied. The Clerk is directed to enter judgment for Defendant and to close this case.

The Court declines to issue a certificate of appealability because Plaintiff has failed to make a substantial showing of the denial of a constitutional right as required by 28 U.S.C. § 2253(c)(2). Nor will the Court allow Plaintiff to proceed on appeal in forma pauperis because such an appeal would not be taken in good faith. See 28 U.S.C. § 1915(a)(3). Plaintiff will be required to pay the full amount of the appellate filing fee as required by 28 U.S.C. § 1915(b)(1) and (2).

Richard A. Lazzara

COPIES FURNISHED TO: Counsel of Record ...


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