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15-107 - Black v. USA

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15-107 - Black v. USA
December 21, 2015
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REPORT AND RECOMMENDATION re: 8 Amended Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Cordae L Black recommending that the Motion to Vacate 8 be DENIED and DISMISSED WITH PREJUDICE. FURTHER RECOMMENDED that Movant's request for an evidentiary hearing 25 be DENIED. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Signed by Magistrate Judge Michelle H Burns on 12/21/15. (SJF)
March 16, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Burns's R&R (Doc. 31) is accepted. Petitioner's Amended Motion to Vacate, Set Aside or Correct Sentence(Doc. 8) 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). Signed by Judge G Murray Snow on 3/16/16. (KGM)