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10-8221 - Begay v. United States of America


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10-8221 - Begay v. United States of America
February 16, 2011
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REPORT AND RECOMMENDATIONS recommended that Movant's 1 Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255, be DENIED. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Motion is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Magistrate Judge Lawrence O Anderson on 02/16/11. (ESL)
March 7, 2011
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ORDER that the Magistrate Judge's 6 Report and Recommendation is accepted and adopted by the Court; that the defendant/movant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custody is denied as time-barred and that this action is dismissed; that no certificate of appealability shall issue and that the petitioner is not authorized to appeal in forma pauperis because the dismissal of the § 2255 motion is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. It is further ordered that the Clerk of the Court shall enter judgment accordingly. Signed by Judge Paul G Rosenblatt on 03/06/11. (ESL)
March 14, 2011
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ORDER that the defendant/movant's 11 [Motion] Requesting All Court Documents, and Part Written [sic] Objection of Denied Recommendation, signed on 03/05/11 and filed on 03/10/111, is denied. Signed by Judge Paul G Rosenblatt on 03/14/11. (ESL)
June 12, 2013
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ORDER, movant Ivan Ray Begay's Motion for Relief Fed.R.Civ.P. 60(b)(1-6) 25, Motion for Leave to Amend and Lodge (Submit) a Proposed Amended Motion to Vacate 26, Motion for Relief From a Judgment or Order 28, and Motion for Leave to Amend and Lodge (Submit) a Proposed Amended Motion to Vacate 29 are all denied for lack of jurisdiction; no Certificate of Appealability shall issue, and the movant shall not be entitled to appeal in forma pauperis, because reasonable jurists would not find the Court's procedural ruling debatable. Signed by Senior Judge Paul G Rosenblatt on 6/11/13. (REW)
July 30, 2013
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ORDER that Movant's 32 Motion for Leave to File a Supplemental Pleading Pursuant to 28 U.S.C. § 2242, and Rule 15(d) of the Federal Rules of Civil Procedure is denied. Signed by Senior Judge Paul G Rosenblatt on 7/25/2013.(LFIG)
July 27, 2015
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ORDER, Begay's Motion to Re-Open Habeas Corpus Petition, pursuant to 28 U.S.C. § 2255 35 is denied for lack of subject matter jurisdiction; Begay's Motion to Re-Open Habeas Corpus 36 Is denied; No Certificate of Appealability shall issue and the defendant is not entitled to appeal in forma pauperis because he has failed to show that reasonable jurists would find this Court's assessment of the constitutional claims debatable or wrong, or that reasonable jurists would find it debatable whether he has stated a valid claim of the denial of a constitutional right or debatable whether the Court was correct in its procedural ruling, re: 00-1222-PHX-PGR. Signed by Senior Judge Paul G Rosenblatt on 7/27/15. (REW)
August 4, 2015
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ORDER: IT IS ORDERED that defendant Begay's Motion to Reinstate Habeas Corpus Proceedings (Doc. 39), filed pursuant to Fed.R.Civ.P. 60(b)(6), is denied. IT IS FURTHER ORDERED that a certificate of appealability shall not issue and that defendant Begay shall not be allowed to appeal in forma pauperis because jurists of reason would not find it debatable whether the Court abused its discretion in denying Begay's Fed.R.Civ.P. 60(b) motion, and jurists of reason would not find it debatable whether Begays underlying § 2255 motion stated a valid claim of the denial of a constitutional right. See document for further details. Signed by Senior Judge Paul G Rosenblatt on 8/04/2015.(REK)
July 8, 2016
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ORDER: Defendant/Movant's Motion to Reopen Habeas Corpus Pursuant to Fed.R. of Civ.P. Rule 60(B)(1-6) 43 is denied; no Certificate of Appealability shall issue and that the Defendant is not entitled to appeal in forma pauperis because he has failed to show that reasonable jurists would find this Court's assessment of the constitutional claims debatable or wrong, or that reasonable jurists would find it debatable whether he has stated a valid claim of the denial of a constitutional right or debatable whether the Court was correct in its procedural ruling. Signed by Senior Judge Paul G Rosenblatt on 7/7/16. (REW)
January 18, 2018
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ility on a Rule 60 motion). Signed by Senior Judge James A Teilborg on 1/17/18. (SJF)ORDER that Petitioner's motion for reconsideration (Doc. 48) is denied. FURTHER ORDERED that a certificate of appealability is denied. See generally Lynch v. Blodgett, 999 F.2d 401 (9th Cir. 1993) (requiring a certificate of appealab