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United States v. Coleman-Bey

United States District Court, Eastern District of Michigan, Southern Division

February 26, 2015

UNITED STATES OF AMERICA, Plaintiff,
v.
DOMINIQUE COLEMAN-BEY, Defendant.

ORDER DENYING DEFENDANT’S REQUEST FOR EXTENSION OF TIME REGARDING MOTION TO VACATE SENTENCE

Denise Page Hood, United States District Judge.

This matter is before the Court on Defendant’s Request for Extension of Time Regarding a Motion to Vacate the Sentence pursuant to 28 U.S.C. § 2255 [Docket No. 16, filed February 6, 2015].

Section 2255 authorizes a federal prisoner to move the district court to vacate a sentence. 28 U.S.C. § 2255(a). Motions brought under 28 U.S.C. § 2255 are subject to a one-year limitations period established by the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”). 28 U.S.C. § 2255(f); Dunlap v. United States, 250 F.3d 1001, 1004-05 (6th Cir. 2001). The AEDPA established a one-year limitations period for § 2255 motions, generally running from “the date on which the judgment of conviction becomes final.” 28 U.S.C. § 2255(f)(1). Because this is jurisdiction limitation, the Court denies Defendant’s request for an extension.

Accordingly, IT IS ORDERED, Defendant’s Request for Extension of Time Regarding a Motion to Vacate the Sentence pursuant to 28 U.S.C. § 2255 [Docket No. 16, filed February 6, 2015] is DENIED.


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