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16-3770 - Brooks v. USA

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16-3770 - Brooks v. USA
January 22, 2018
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REPORT AND RECOMMENDATION recommending that the Court grant 16 Government's request to dismiss the Motion to Vacate (Doc. 1), but deny the Government's request that the dismissal be with prejudice. FURTHER RECOMMENDED that a certificate of appealability and leave to proceed in forma pauperis on appeal be denied because the undersigned does not find that jurists of reason would find it debatable that the dismissal of the Motion to Vacate (Doc. 1) is justified pursuant to Federal Rule of Civil Procedure 41(b). This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Fed. R. App. P. 4(a)(1) should not be filed until entry of the District Court's judgment. See document for complete details. Signed by Magistrate Judge Eileen S Willett on 1/22/18. (EJA)
March 23, 2018
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ORDER rejecting 17 Report and Recommendation. Respondent's motion to dismiss (Doc. 16) is denied. FURTHER ORDERED that this matter is re-referred to Magistrate Judge Eileen S. Willett pursuant to Rules 72.1 and 72.2 of the Local Rules of Civil Procedure for further proceedings and a further report and recommendation. Signed by Senior Judge James A Teilborg on 3/23/18. (EJA)