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16-2819 - Crow v. USA


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16-2819 - Crow v. USA
September 21, 2016
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ORDER re: 4 Amended Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Ivory Crow. Denied with leave to amend within 30 days. Signed by Judge Robert J Bryan on 9/21/16. Copy sent to Movant at Anthony TX address. (Attachments: # (1) ยง 2255 instructions and form)(RJB)
May 1, 2017
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REPORT AND RECOMMENDATION recommending that 8 Amended Motion to Vacate/Set Aside/Correct Sentence and 13 MOTION for Summary Judgment be denied. That a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because Petitioner has not made a substantial showing of the denial of a constitutional right. See PDF for details. Signed by Magistrate Judge David K Duncan on 5/1/17. (DXD)
May 17, 2017
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ORDER ADOPTING 15 Report and Recommendation. The Petition (Dkt. 8) IS DENIED. Petitioner's Motion for Summary Judgment (Dkt. 13) IS DENIED. This case IS DISMISSED. A Certificate of Appealability IS DENIED. In the event that Plaintiff appeals this order, and/or appeals dismissal of this case, IFP status IS REVOKED by this Court, without prejudice to Plaintiff to file with the Ninth Circuit U.S. Court of Appeals an application to proceed in forma pauperis. This Court certifies that an appeal, if any, is not taken in good faith. Other than a Notice of Appeal, any filings in this case in the future will be docketed by the Clerk but not acted upon by the Court. The Clerk is directed to send uncertified copies of this Order to all counsel of record and to any party appearing pro se at said party's last known address. Signed by Judge Robert J Bryan on 5/17/17. (EJA)