1:09-cv-00089 | M.D. Tenn. | Apr 30, 2010

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE

COLUMBIA DIVISION ALVIN J. WALTON ) ) No. 1:09-0089 v. ) (Crim. No. 1:03-00014) ) Judge Echols UNITED STATES OF AMERICA ) ORDER For the reasons explained in the Memorandum issued contemporaneously herewith, Alvin J. Walton’s “Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by Person in Federal Custody” (Docket Entry No. 1) is hereby DENIED. This case is hereby DISMISSED WITH PREJUDICE.

Further, because Petitioner cannot demonstrate that reasonable jurists would find the Court’s assessment of Petitioner’s ineffective assistance of counsel claims debatable or wrong, a Certificate of Appealability will not issue. See Slack v. McDaniel, 529 U.S. 473" date_filed="2000-04-26" court="SCOTUS" case_name="Slack v. McDaniel">529 U.S. 473, 483-84 (2000).

It is so ORDERED. ______________________________ ROBERT L. ECHOLS UNITED STATES DISTRICT JUDGE

Case 1:09-cv-00089 Document 19 Filed 04/30/10 Page 1 of 1 PageID #: 79