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16-1232 - Flores-Rayos v. USA


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16-1232 - Flores-Rayos v. USA
February 8, 2017
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REPORT AND RECOMMENDATION re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Andrey Esteban Flores-Rayos. IT IS RECOMMENDED that the Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted by the District Judge's order, a Certificate of Appealability be denied. Signed by Magistrate Judge Deborah M Fine on 2/8/17. (KGM)
March 8, 2017
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ORDER accepting 9 Report and Recommendation of the Magistrate Judge. FURTHER ORDERED that the Clerk of the Court enter judgment denying Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. 1). The Clerk shall terminate this action. A certificate of appealability is denied because appellant has not shown that "jurists of reason would find it debatable whether the petition states a valid claim of the denial of a constitutional right and that jurists of reason would find it debatable whether the district court was correct in its procedural ruling." Signed by Senior Judge Neil V Wake on 3/8/17. (EJA)