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14-2536 - Rayas-Espinoza v. USA


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14-2536 - Rayas-Espinoza v. USA
February 24, 2016
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REPORT AND RECOMMENDATION recommending that Movant's request for an evidentiary hearing be DENIED. IT IS RECOMMENDED that the Motion to Vacate (Doc. 1) be DENIED and DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis be DENIED because Movant has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge Eileen S Willett on 2/23/16. (EJA)
March 21, 2016
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ORDER ACCEPTING REPORT AND RECOMMENDATION 7: Petitioner's Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is denied and dismissed with prejudice. The Clerk of Court shall terminate this action and enter judgment accordingly. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). (See document for further details). Signed by Judge G Murray Snow on 3/18/16. (LAD)