KIRK v. USA, No. 2:2012cv00632 - Document 2 (W.D. Pa. 2012)

Court Description: MEMORANDUM and ORDER denying Motion to Vacate/Set Aside/Correct Sentence (2255) filed by TYRONE KIRK, without prejudice to his right to challenge the execution of his sentence under 28 U.S.C. 2241; A Certificate of Appealability SHOULD NOT ISSUE with respect to this Court's order dismissing the instant motion for the reasons set forth in the accompanying opinion. Signed by Chief Judge Gary L. Lancaster on 11/16/12. (map)