IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY
April 28, 2011
THOMAS CLARY, PETITIONER,
UNITED STATES OF AMERICA, RESPONDENT.
The opinion of the court was delivered by: Hon. Jerome B. Simandle
This matter having come before the Court upon the motion of Thomas Clary to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255; the Court having reviewed movant's submissions in support; for the reasons stated in the Memorandum Opinion of today's date; and for good cause shown;
IT IS this 28th day of April, 2010 hereby ORDERED that the Petitioner's motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED as untimely; and it is further
ORDERED that the petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2241 is DISMISSED WITHOUT PREJUDICE; and it is further
ORDERED that no certificate of appealability shall issue.
JEROME B. SIMANDLE United States District Judge
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