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16-086 - King v. USA


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16-086 - King v. USA
June 5, 2018
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REPORT AND RECOMMENDATION recommending that 24 Richard Alan King's Amended Motion to Vacate, Set Aside or Correct Sentence be denied and dismissed with prejudice. RECOMMENDED that 25 King's Motion to Amend to expand his ineffective assistance of counsel claims be denied. RECOMMENDED that 26 King's Motion to Amend to add a claim under United States v. Sanchez-Gomez, be denied. ORDERED denying 53 King's Motion to Show Cause Why the United States Should Not be Held in Civil Contempt. ORDERED denying 60 King's Motion for Extension of Time to File Objections to Reports and Recommendations and Replies to any of Respondent's Moving Papers and Magistrate Decisions. ORDERED denying as moot 64 Respondents' Motion to Permit the United States to Respond Only When Ordered. FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. See document for complete details. Signed by Magistrate Judge David K Duncan on 6/5/18. (EJA)