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05-791 - USA v. Duarte-Ayon


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05-791 - USA v. Duarte-Ayon
September 17, 2007
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ORDER that The Clerk of Court must serve a copy of the ยง 2255 Motion (Doc. #63 in 05-CR-791-PHX-SMM) and this Order on the United States Attorney for the District of Arizona as to Cesar Duarte-Ayon (1). Movant's 65 Motion for Order for Copy of Sentencing Hearing Transcripts - Fee Waiver is denied without prejudice. The United States Attorney for the District of Arizona has 60 days from the date of service within which to answer the Motion. Movant may file a reply within 30 days from the date of service of the answer. The matter is referred to Magistrate Glenda E. Edmonds for further proceedings and a report and recommendation. Signed by Judge Stephen M McNamee on 9/14/07. (SAT)
February 7, 2008
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REPORT AND RECOMMENDATIONS as to Cesar Duarte-Ayon re 63 MOTION to Vacate under 28 U.S.C. 2255; written objections due w/in 10 days. Signed by Magistrate Judge Glenda E Edmonds on 2/7/08.(KMF, )
March 17, 2008
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MEMORANDUM OF DECISION AND ORDER - IT IS ORDERED that the Court adopts the 69 Report and Recommendations as to Cesar Duarte-Ayon (1). FURTHER ORDERED that Defendant/Movant's 63 Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. 2255 is DENIED, terminating this case. Signed by Judge Stephen M McNamee on 3/14/08. (CV 07-1683-PHX-SMM(GEE)) (SAT)