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16-2066 - Percy v. USA


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16-2066 - Percy v. USA
November 4, 2016
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REPORT AND RECOMMENDATION recommending 5 Government's MOTION to Stay pending the Supreme Court's decision in Lynch v. Dimaya, No. 15-1498 (cert. granted Sept. 29, 2016), and the Ninth Circuit's decision in United States v. Begay, No. 14-10080, be granted. FURTHER RECOMMENDED that the Government's opposition/answer be filed no later than two weeks after the later of the Supreme Court's decision in Lynch v. Dimaya, No. 15-1498 and the Ninth Circuits decision in United States v. Begay, No. 14-10080 be granted. 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. Signed by Magistrate Judge Deborah M Fine on 11/4/16. (EJA)
December 12, 2016
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ORDER - The Court does not adopt the 13 R&R. This case should not be stayed pending the decisions in Begay and Dimaya. This case is referred back to Magistrate Judge Deborah M. Fine to set a briefing schedule on Petitioner's § 2255 petition and for issuance of an R&R on Petitioner's § 2255 petition. Signed by Judge David G Campbell on 12/12/2016. (ATD)
April 13, 2017
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REPORT AND RECOMMENDATION - IT IS THEREFORE RECOMMENDED that the Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. §2255 (Doc. 1) be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability be granted because dismissal of the Petition may be debatable among jurists of reason for the reasons set forth above. (See document for further details). Signed by Magistrate Judge Deborah M Fine on 4/13/17. (SLQ)
July 3, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION 26 - Plaintiff's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. 1) is denied. The Court grants a Certificate of Appealability because dismissal of the Petition may be debatable among jurists of reason. (See document for further details). Signed by Judge David G Campbell on 7/3/17. (LAD)