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16-4586 - Melchor-Zaragoza v. USA


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16-4586 - Melchor-Zaragoza v. USA
February 9, 2018
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that the Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255, filed June 26, 2016 3 be DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted int he District Court's order, a Certificate of Appealability be GRANTED. 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. The parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen (14) days within which to file a response to the objections. Failure to timely file objections to any findings or recommendations of the Magistrate Judge will be considered a waiver of a party's right to de novo consideration of the issues, and will constitute a waiver of a party's right to appellate reiview of the findings of fact in an order or judgment entered pursuant to the recommendation of the Magistrate Judge. In addition, the parties are cautioned Local Civil Rule 7.2(e)(3) provides that "[u]nless otherwise permitted by the Court, an objection to a Report and Recommendation issued by a Magistrate Judge shall not exceed ten (10) pages." Signed by Magistrate Judge James F Metcalf on 2/09/2018. (REK)
March 23, 2018
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ORDER: The Report and Recommendation (Doc. 14) is rejected to the limited extent specified in this Order. FURTHER ORDERED that this matter is re-referred to Magistrate Judge James F. Metcalf 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)
March 30, 2018
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AMENDED REPORT AND RECOMMENDATION recommending that 3 Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255, filed June 26, 2016 be DENIED. FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Courts order, a Certificate of Appealability be GRANTED. 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. However, pursuant to Rule 72(b), Federal Rules of Civil Procedure, the parties shall have fourteen (14) days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. See document for complete details. Signed by Magistrate Judge James F Metcalf on 3/30/18. (EJA)
April 19, 2018
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ORDER rejecting 17 Report and Recommendation. FURTHER ORDERED that this matter is re-referred to Magistrate Judge James F. Metcalf 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 4/18/18. (EJA)