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Gomez v. United States

United States District Court, District of Massachusetts

July 25, 2014

CLARVEE GOMEZ
v.
UNITED STATES OF AMERICA Criminal Action No. 08-10384-RGS

MEMORANDUM AND ORDER ON PETITIONER’S MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE

Richard G. Stearns, Judge.

Clarvee Dryden, proceeding pro se, brings this petition to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Because I agree with the government that the petition raises no substantive issue that was not previously concluded adversely to the petitioner by the Court of Appeals, see United States v. Gomez, 716 F.3d 1 (1st Cir. 2013), the petition will be summarily dismissed with prejudice.[1]

ORDER

For the foregoing reasons, Gomez’s motion to vacate, set aside, or correct his sentence is DISMISSED with prejudice. Petitioner is advised that any request for the issuance of a Certificate of Appealability pursuant to 28 U.S.C. § 2253 of the court’s Order denying his motion to Vacate, Set Aside, or Correct Sentence/Conviction, is also DENIED, the court seeing no meritorious or substantial basis supporting further appeal.

SO ORDERED.


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