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17-2141 - Escalanti v. USA


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17-2141 - Escalanti v. USA
January 24, 2018
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REPORT AND RECOMMENDATION recommending that Eugene Joseph Escalanti's Motion to Vacate, Set Aside or Correct Sentence be denied 1. FURTHER RECOMMENDED that a 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. See document for complete details. Signed by Magistrate Judge David K Duncan on 1/24/18. (EJA)
March 9, 2018
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ORDER: Movant's objections to the Report and Recommendation of the Magistrate Judge are overruled. The Report and Recommendation of the Magistrate Judge is adopted as the Order of this Court. Movant's Motion to Vacate, Set Aside, or Correct Sentence is denied. IT IS FURTHER ORDERED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal is denied because Movant has not made a substantial showing of the denial of a constitutional right. Signed by Senior Judge Susan R Bolton on 3/08/2018. (REK)