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16-4231 - Lane v. USA

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16-4231 - Lane v. USA
December 14, 2017
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REPORT AND RECOMMENDATION recommending 1 the Motion Under 28 U.S.C. ยง 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody (Doc. 1) be denied and dismissed with prejudice. FURTHER RECOMMENDED that a Certificate of Appealability be denied because dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. This recommendation is not an order that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. Signed by Magistrate Judge Charles R Pyle on 12/14/17. (EJA)
April 2, 2018
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ORDER ACCEPTING REPORT AND RECOMMENDATION 23 - The motion to vacate sentence (Doc. 1) is denied. A certificate of appealability is denied. The Clerk is directed to terminate this action. (See document for further details). Signed by Judge David G Campbell on 4/2/18. (LAD)
April 19, 2018
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ORDER: Petitioner's motion for leave to file an amended motion for reconsideration 37 is granted. Petitioner's first motion for reconsideration 36 is denied as moot. Petitioner's amended motion for reconsideration lodged at 38 and filed at 43 is denied for reasons stated in this order. Petitioner's motion for certificate of appealability 42 is denied. Signed by Judge David G Campbell on 4/19/2018. (REK)