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16-1583 - Mutee v. USA


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16-1583 - Mutee v. USA
December 8, 2016
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255, filed May 23, 2016 (Doc. 1) be DENIED. IT IS 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. The parties shall have fourteen (14) 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 (14) days within which to file a response to the objections. Failure to timely file objections to any findings or recommendations of the Magistrate Judge will be considered a waiver of a party's right to de novo consideration of the issues and will constitute a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the recommendation of the Magistrate Judge. Signed by Magistrate Judge James F Metcalf on 12/08/2016. (REK)
March 8, 2017
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ORDER sustaining in part and overruling in part Objections to Report and Recommendation Issued by the Magistrate Judge (Doc. 8). ORDERED adopting in part and rejecting in part the Report and Recommendation on Motion to Vacate, Set Aside or Correct Sentence (Doc. 7). ORDERED denying Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. 1). FURTHER ORDERED denying a Certificate of Appealability. Signed by Judge Susan R Bolton on 3/7/17. (EJA)