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16-2763 - Olson v. USA


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16-2763 - Olson v. USA
February 21, 2017
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REPORT AND RECOMMENDATION re: 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Gustavo J Olson: IT IS RECOMMENDED that the Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. ยง 2255 (Doc. 1) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Motion is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Magistrate Judge John Z Boyle on 2/21/17. (KGM)
March 16, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION: Magistrate Judge Boyle's R&R (Doc. 13) is accepted. Defendant/Movant's Motion to Vacate, Set Aside or Correct Sentence (Doc. 1) is denied and this action is dismissed with prejudice. 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. Signed by Judge G Murray Snow on 3/16/17. (KGM)