MEMORANDUM OPINION
KAPLAN, District Judge.
Petitioner has filed a motion pursuant to 28 U.S.C. § 2255 to vacate, correct or modify his sentence. The matter is before the Court pursuant to Rule 4 of the Rules Governing Section 2255 Proceedings for the United States District Courts, which obliges the Court to make a preliminary examination of the motion and make an order for its summary dismissal "[i]f it
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