United States v. Wayne F. Bartholomew

Wayne F. Bartholomew, an indigent Federal inmate, appearing pro se, filed a Motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in Federal custody. The Court below determined that the record was sufficient for the purpose of adjudication of movant’s claims, and that an evidentiary hearing was not necessary. The Court then dismissed Bartholomew’s motion with prejudice. Bartholomew is before this Court pro se appealing the Judgment and Order of the District Court dismissing his motion with prejudice without an evidentiary hearing.

FACTS

Appellant and two…