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16-2615 - Heredia-Nieblas v. USA


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16-2615 - Heredia-Nieblas v. USA
January 30, 2017
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ule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of the District Court's Any notice of appeal pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure should not be filed until entry of the District Court's judgment. Signed by Magistrate Judge Bridget S Bade on 1/30/17. (EJA)REPORT AND RECOMMENDATION recommending that 6 MOTION to Dismiss be denied. ORDERED that the government's motion for extension of time (Doc. 9) is GRANTED and the deadline for the government to respond to Movant's § 2255 motion is extended for forty-five days after the assigned District Judge rules on this Report and Recommendation. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to R
February 21, 2017
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ORDER: IT IS ORDERED adopting the Report and Recommendation of the Magistrate Judge as the Order of this Court. (Doc. 10) IT IS FURTHER ORDERED denying Respondent's Motion to Dismiss Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a person in Federal Custody. (Doc. 6)IT IS FURTHER ORDERED granting Respondent's Motion for a Forty-Five Day Extension of Time to Respond to Defendant's Motion to Vacate, Set Aside or Correct Sentence Under 28 U.SC. § 2255. (Doc. 9) IT IS FURTHER ORDERED that Respondent's may have 45 days from the date of this Order to respond to Movant's Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255. Signed by Judge Susan R Bolton on 2/21/2017. (REK)
July 25, 2017
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ORDER: The Report and Recommendation of the Magistrate Judge is adopted as the Order of this Court. Grounds One, Two and Three of Movant's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 are denied and Ground Four is GRANTED. IT IS FURTHER ORDERED directing the Clerk of Court to vacate and reenter the judgment entered on December 7, 2015 in CR15-00522-PHX-SRB to permit Defendant to file a notice of appeal. IT IS FURTHER ORDERED granting a Certificate of Appealability and leave to proceed in forma pauperis on appeal because Movant has made a substantial showing of the denial of a constitutional right. IT IS FURTHER ORDERED directing the Clerk to enter judgment accordingly. Signed by Judge Susan R Bolton on 7/25/2017. (REK)