William H. Coates v. United States

DANAHER, Circuit Judge.

Appellant pro se sought relief under 28 U.S.C. § 2255. Without a hearing his motion was denied with a notation by the District Judge: “The court finds and certifies that the motion and the files and the records of the case conclusively show that the prisoner is entitled to no relief. The motion is therefore denied.” His petition in the District Court to proceed on appeal in forma pauperis was likewise denied. We allowed an appeal and appointed counsel.

28 U.S.C. § 2255 reads in pertinent part:

“Unless the motion and the files and records of the case conclusively show that…