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05-265 - USA v. Boone


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05-265 - USA v. Boone
September 24, 2013
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REPORT AND RECOMMENDATIONS as to Benjamin Charles Boone re 39 MOTION to Vacate under 28 U.S.C. 2255 filed by Benjamin Charles Boone as to Benjamin Charles Boone. Objections to R&R due by 10/15/2013. Signed by Magistrate Judge Katherine P. Nelson on 9/24/2013. Copy mailed to FCI Marianna. (mbp)
March 5, 2014
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ORDER adopting the 49 Report and Recommendations. Signed by Chief Judge William H. Steele on 3/5/2014. Copy mailed to Defendant. (tgw) Civil Case 1:12-cv-00547-WS closed.
March 5, 2014
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JUDGMENT: It is hereby ORDERED, ADJUDGED, and DECREED that the Motion to Vacate, Set Aside or Correct Sentence (Doc. 39) be and the same hereby DISMISSED as time-barred. The petitioner is not entitled to a certificate of appealability and is not entitled to appeal in forma pauperis. The Motion to compel the United States to file a substantial assistance motion pursuant to Rule 35(b), Federal Rules of Criminal Procedure (Doc. 47) is DENIED. Signed by Chief Judge William H. Steele on 3/5/2014. Copy mailed to Defendant. (tgw)
October 14, 2016
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REPORT AND RECOMMENDATIONS as to Benjamin Charles Boone re 74 MOTION to Amend/Correct 39 MOTION to Vacate under 28 U.S.C. 2255 filed by Benjamin Charles Boone be DISMISSED for lack of jurisdiction. Objections to R&R due 14 days from the date of service of this document. Signed by Magistrate Judge Katherine P. Nelson on 10/14/2016. Copy mailed to petitioner at FCI Oakdale. (mbp)
November 14, 2016
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ORDER adopting the 79 Report and Recommendations. It is ORDERED that Petitioner the Motion to Amend Previous Motion pursuant to 28 USC 2255 (Doc. 74), construed as an unauthorized second or successive ยง 2255 motion, is DISMISSED for lack of jurisdiction. The Court certifies that any appeal would be without merit and not taken in good faith. Thus, he is not entitled proceed in forma pauperis on appeal. Signed by Chief Judge William H. Steele on 11/14/2016. Copy mailed to defendant at FCI Oakdale. (tgw)