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16-4587 - Acosta v. USA

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16-4587 - Acosta v. USA
March 12, 2018
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de a substantial showing of the denial of a constitutional right. Signed by Magistrate Judge David K Duncan on 3/12/18. (DXD) Modified text on 3/12/2018 (DXD).REPORT AND RECOMMENDATION recommending 6 Motion to Vacate, Set Aside orCorrect Sentence Case Transferred In be denied and that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied because Petitioner has not ma
April 2, 2018
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ORDER ACCEPTING REPORT AND RECOMMENDATION 18 - Petitioner's Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. ยง 2255 is DENIED. The Clerk of Court shall TERMINATE this action, including the pending Motion to Amend (Doc. 19), Motion for Appointment of Counsel (Doc. 21), Motion for Continuance (Doc. 22), and Motion for Status (Doc. 23), as being moot. Pursuant to Rule 11(a) of the Rules Governing Section 2255 Cases, in the event Movant files an appeal, the Court declines to issue a certificate of appealability because reasonable jurists would not find the Court's procedural ruling debatable. See Slack v. McDaniel, 529 U.S. 473, 484 (2000). (See document for further details). Signed by Judge G Murray Snow on 4/2/18. (LAD)