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16-588 - Carlucci v. USA


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16-588 - Carlucci v. USA
May 4, 2017
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REPORT AND RECOMMENDATION recommending 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Gino Carlucci 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 Movant has not made a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge Michelle H Burns on 5/4/17. (LSP)
April 4, 2018
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MEMORANDUM AND ORDER - IT IS THEREFORE ORDERED that petitioner's Motion Under 28 U.S.C. ยง 2255 To Vacate, Set Aside Or Correct Sentence By A Person In Federal Custody (Doc. #1 in Case No. 16-cv-588, Doc. #477 in Case No. 10-cr-464-KHV) filed March 2, 2016 is OVERRULED. IT IS FURTHER ORDERED that a certificate of appealability as to the ruling on petitioner's Section 2255 motion is DENIED. IT IS FURTHER ORDERED that Movant[']s Motion To Strike Respondent[']s Reply To Movant[']s Objections To The Magistrate[']s Report And Recommendation For Failure To Comply With The Court[']s Order To Show Cause (Doc. #32) filed January 12, 2018 is OVERRULED. (See document for further details). Signed by Judge Kathryn H Vratil on 4/4/18. (LAD)