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17-327 - Prigge v. USA

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17-327 - Prigge v. USA
January 23, 2018
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REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Movant's Motion Under 28 U.S.C. ยง 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (CVDoc. 1 and CRDoc. 240) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. 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 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 days within which to file a response to the objections. See document for further details. Signed by Magistrate Judge Bridget S Bade on 1/23/2018. (REK)