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16-501 - Mays v. USA

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16-501 - Mays v. USA
March 2, 2017
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REPORT AND RECOMMENDATION recommending that 1 Movant's Amended Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255, filed April 21, 2016 (Doc. 5) be DENIED. FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability be DENIED. 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. Signed by Magistrate Judge James F Metcalf on 3/2/17. (EJA)
April 20, 2017
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ORDER ADOPTING 10 Report and Recommendation and DENYING Mays' Amended Motion to Vacate (Doc. 5). It is further ORDERED DENYING a certificate of appealability under Rule 11, Rules Governing §2255 Proceedings, for the reason that Mays has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. §2253(c). Signed by Senior Judge Frederick J Martone on 04/19/2017. (KAS)