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16-2049 - Cresante v. USA


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16-2049 - Cresante v. USA
November 28, 2016
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REPORT AND RECOMMENDATION recommending that 1 Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 be DISMISSED WITHOUT PREJUDICE. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Fed. R. App. P. 4(a) (1) should not be filed until entry of the District Court's judgment. See document for details. Signed by Magistrate Judge John Z Boyle on 11/28/16. (EJA)
February 3, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION 12 - IT IS FURTHER ORDERED Petitioner's Motion to Dismiss (Doc. 11) is GRANTED. IT IS FURTHER ORDERED Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody pursuant to 28 U.S.C. § 2255 (Doc. 1) is DISMISSED WITHOUT PREJUDICE. (See document for further details). Signed by Senior Judge Roslyn O Silver on 2/2/17. (LAD)