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16-3224 - Garcia v. USA


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16-3224 - Garcia v. USA
June 26, 2017
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REPORT AND RECOMMENDATION, recommending that Petitioner's 16 Amended Second or Successive Petitioner under 28 U.S.C. § 2255 be denied. FURTHER ORDERED denying Petitioner's 19 Motion to be Released Pending Resolution of Defendant's Amended Motion. Signed by Magistrate Judge David K Duncan on 6/26/2017. (ATD)
August 11, 2017
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** VACATED BY 31 ORDER ** ORDER ADOPTING IN FULL REPORT AND RECOMMENDATION 21 and the motion pursuant to 28 U.S.C. § 2255 is DENIED. IT IS FURTHER ORDERED a certificate of appealability and leave to proceed in forma pauperis on appeal are denied because Petitioner has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Roslyn O Silver on 8/11/17. (LAD) Modified on 11/9/2017 (LAD).