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16-2555 - Mendoza v. USA

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16-2555 - Mendoza v. USA
April 12, 2017
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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. ยง 2255, filed July 28, 2016 (Doc. 1) be DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Courts order, a Certificate of Appealability be DENIED. (See document for further details). Signed by Magistrate Judge James F Metcalf on 4/12/17. (SLQ)
May 8, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION. IT IS ORDERED: 1. Magistrate Judge Metcalf's R&R (Doc. 14) is accepted. 2. The Movant's Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is dismissed with prejudice. 3. This action is terminated and the Clerk of Court is directed to enter judgment accordingly. 4. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. SeeSlack v. McDaniel, 529 U.S. 473, 484 (2000). Signed by Judge G Murray Snow on 5/8/17. (SLQ)