IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
February 25, 2010
KEIR HODGE, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Honorable Jerome B. Simandle
This matter having come before the Court upon Petitioner's submission of a petition for a writ of audita querela [Docket Item 1]; the Court having considered the submissions of the parties; for the reasons explained in the Opinion of today's date, this petition for a writ of audita querela lacks merit and alternatively this petition construed as arising under 28 U.S.C. § 2255 is untimely;
IT IS this 25th day of February, 2010 hereby
ORDERED that Petitioner's petition shall be DENIED; and it is further
ORDERED that, to the extent this petition arises under 28 U.S.C. § 2255, a certificate of appealability is DENIED.
JEROME B. SIMANDLE United States District Judge
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