No. 3:11cv1121 (SRU)
RULING ON MOTION TO SET ASIDE OR CORRECT SENTENCE
On July 5, 2011, Petitioner Marc Barrett filed a Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (doc. # 1), challenging the legality of the sentence imposed on him over two and a half years earlier on September 30, 2008. On October 13, 2011, I ordered that Mr. Barrett show cause on or before November 12, 2011, why the motion should not be dismissed as untimely under the one-year limitation period imposed by section 2255(f) (doc. # 4). Mr. Barrett has failed to do so.
Therefore, petitioner's Motion to Vacate, Set Aside, or Correct Sentence (doc. # 1), filed well outside of the one-year limitations period, is hereby DENIED. The clerk is directed to close this file.
It is so ordered.
Dated at Bridgeport, Connecticut, this 16th day of November 2011.
Stefan R. Underhill
United States District Judge