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16-1324 - Amos v. USA

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16-1324 - Amos v. USA
January 23, 2017
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Movant's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (CV Doc. 1 and CR Doc. 54) 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. 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. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. See document for further details. Signed by Magistrate Judge Michelle H Burns on 1/23/2017. (REK)
May 30, 2017
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ORDER: IT IS ORDERED sustaining Movant's Objections to the Report and Recommendation of the Magistrate Judge. IT IS FURTHER ORDERED granting Movant Victor Allen Amos's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 1. IT IS FURTHER ORDERED resentencing Movant within 60 days of the date of this Order. Signed by Judge Susan R Bolton on 5/30/2017. (REK)