*1 Case 1:03-cr-00112-LMB Document 229 Filed 03/06/07 Page 1 of 2 PageID# 49
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF VIRGINIA
Alexandria Division RUSSELL LEE EBERSOLE, )
) Movant, [1] )
) 1:03cr112
v. )
) 1:06cv869
UNITED STATES OF AMERICA, )
) Respondent. )
ORDER For the reasons stated in the accompanying Memorandum Opinion, it is hereby
ORDERED that Russell Lee Ebersole’s revised Motion to Vacate, Set Aside, or Correct Sentence (docket #207) be and is DISMISSED WITH PREJUDICE; and it is further
ORDERED that Ebersole’s Motion for Discovery (docket #198) and Motion for Interogatories [sic] and Production of Documents (docket #218) be and are DENIED.
The movant has a right to appeal this decision. To do so, he must file a written Notice of Appeal with the Clerk of this court within sixty (60) days of receipt of this Order. Failure to file a timely Notice of Appeal waives the right to appeal. He must also request and obtain a certificate of appealability from a circuit justice or judge. See 28 U.S.C. § 2253(c)(1)(B); Fed. R. App. P. 22(b). This Court expressly declines to issue such a certificate for the reasons stated in the accompanying Memorandum *2 Case 1:03-cr-00112-LMB Document 229 Filed 03/06/07 Page 2 of 2 PageID# 50 Opinion.
The Clerk is directed to forward copies of this Order to counsel of record and movant, pro se.
Entered this 6th day of March, 2007.
/s/ Leonie M. Brinkema United States District Judge Alexandria, Virginia
2
[1] A federal prisoner who files for relief under 28 U.S.C. § 2255 is a movant, not a petitioner. Accordingly, the caption of this civil action has been corrected.