
    UNITED STATES of America, Plaintiff-Appellee, v. Roberto CARDOZA-SARABIA, Defendant-Appellant.
    No. 13-8049.
    United States Court of Appeals, Tenth Circuit.
    Sept. 5, 2013.
    Stuart S. Healy, III, Office of the United States Attorney, Cheyenne, WY, for Plaintiff-Appellee.
    
      Roberto Cardoza-Sarabia, Salters, SC, pro se.
    Before HARTZ, O’BRIEN, and GORSUCH, Circuit Judges.
   ORDER DENYING CERTIFICATE OF APPEALABILITY

HARRIS L. HARTZ, Circuit Judge.

Movant Roberto Cardoza-Sarabia seeks a certifícate of appealability (COA) to appeal the denial by the United States District Court for the District of Wyoming of his motion under 28 U.S.C. § 2255 to set aside his sentence and conviction because of ineffective assistance of counsel with respect to his guilty plea. See 28 U.S.C. § 2253(c)(1)(B) (requiring COA to appeal denial of § 2255 motion). The district court denied the motion because it was untimely under 28 U.S.C. § 2255(f).

The district court was clearly correct. The judgment was entered against Movant on December 17, 2009. He did not appeal. He filed his § 2255 motion on October 12, 2012. In district court he gave no reason to overcome the statutory bar, nor has he done so in this court. We DENY a COA and dismiss the appeal. Appellant’s motion to proceed in forma pauperis is DENIED.  