NOT FOR PUBLICATION; FOR UPLOAD TO WWW.VID.USCOURTS.GOV IN THE DISTRICT COURT OF THE VIRGIN ISLANDS DIVISION OF ST. THOMAS AND ST. JOHN JUAN FRANCISCO LIZARDO, ) D.C. CV. No. 2002/0155 Petitioner, ) 28 U.S.C. § 2255 ) 5. ) Ref.: D.C. CR. NO. 1998/001-3 ) UNITED STATES OF AMERICA, ) Respondent. ) ___________________________________) O R D E R For the reasons stated in the Memorandum Opinion of even date, it is hereby ORDERED that Petitioner Juan Francisco Lizardo’s motion under 28 U.S.C. § 2255 is DENIED; and further ORDERED that a CERTIFICATE OF APPEALABILITY will not be issued; and further ORDERED that Lizardo’s May 23, 2006 Motion to Dismiss Counsel is GRANTED; and further ORDERED that Lizardo’s January 26, 2007 motion for an evidentiary hearing is DENIED; and further ORDERED that other pending motions, if any, are DENIED as moot; and finally ORDERED that the Clerk of the Court shall CLOSE this file. DONE AND SO ORDERED this 25th day of January, 2008. E N T E R: s/_________________________ CURTIS V. GÓMEZ CHIEF JUDGE Case: 3:02-cv-00155-CVG-GWB Document #: 14 Filed: 01/25/08 Page 1 of 2 Copies to: Geoffrey W. Barnard, Magistrate Judge Juan Francisco Lizardo, Reg. No. 04354-094, FCI Edgefield, Federal Correctional Institution, P.O. Box 725, Edgefield, SC 29824 (Please Mark: “LEGAL MAIL: OPEN IN PRESENCE OF INMATE ONLY”) Anthony Jenkins, US Attorney Nelson L. Jones, AUSA Case: 3:02-cv-00155-CVG-GWB Document #: 14 Filed: 01/25/08 Page 2 of 2