United States v. Nance

James C. Turk

In accordance with the accompanying memorandum opinion, it is hereby

that Nance's Motion for Recusal, ECF Nos. 255, 259, and Motion for Production of Documents, ECF No. 258, shall be and hereby are DENIED.

It is further ORDERED that Nance's Request for Judicial Notice, ECF No. 260, is hereby CONSTRUED as a Motion to Vacate, Set Aside or Correct Sentence, pursuant to 28 U.S.C. § 2255. The Clerk is DIRECTED to redocket the motion as a § 2255 motion. Additionally, the § 2255 motion is hereby DENIED without prejudice as successive and should be STRICKEN from the active docket of the court. Finally, a Certificate of Appealability is DENIED.

The Clerk is directed to send certified copies of this order and the accompanying memorandum opinion to Nance and to counsel of record for the Respondent.

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James C. Turk

Senior United States District Judge