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15-578 - Steward v. USA


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15-578 - Steward v. USA
December 17, 2015
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REPORT AND RECOMMENDATION recommending 1 Movant's Motion to Vacate/Set Aside/Correct Sentence (2255) be DENIED and DISMISSED WITH PREJUDICE. IT IS 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. Signed by Magistrate Judge Michelle H Burns on 12/16/15. (EJA)
April 19, 2016
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ORDER: The Report and Recommendation (Doc. 6) is accepted and adopted. The Objections are overruled (Doc. 7). This case is dismissed with prejudice and the Clerk of the Court shall enter judgment accordingly. Pursuant to Rule 11 of the Rules Governing Section 2255 Proceedings, in the event Movant files an appeal, the Court denies issuance of a certificate of appealability and leave to proceed in forma pauperis on appeal because Movant has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge James A Teilborg on 04/18/16. (GAR)
January 27, 2017
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ORDER denying 17 Motion for Reconsideration. IT IS FURTHER ORDERED that to the extent a ruling on a certificate of appealability might be required, a certificate of appealability is denied. Signed by Senior Judge James A Teilborg on 1/27/17.(LSP)