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17-284 - Ayala v. USA

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17-284 - Ayala v. USA
January 31, 2018
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REPORT AND RECOMMENDATION on Motion to Vacate, Set Aside, or Correct Sentence: IT IS THEREFORE RECOMMENDED that the Movant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255, filed January 27, 2017 1 be DENIED. IT IS FURTHER RECOMMENDED that, to the extent the foregoing findings and recommendations are adopted in the District Court's order, a Certificate of Appealability be DENIED. 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. 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 review of the findings of fact in an order or judgment entered pursuant to the recommendation of the Magistrate Judge. Signed by Magistrate Judge James F Metcalf on 1/31/2018. (REK)
February 28, 2018
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ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 22 - The Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (CV-17-00284-PHX-SPL, Doc. 1; Doc. 38, CR-15-00969-PHX-SPL) is denied. This case is dismissed with prejudice. A certificate of appealability and leave to proceed in forma pauperis on appeal are denied. The Clerk of Court shall file this Order in the underlying related criminal action, Case No. CR-15-00969-PHX-SPL. The Clerk of Court shall enter judgment accordingly and terminate this action. (See document for further details). Signed by Judge Steven P Logan on 2/28/18. (LAD)