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16-8051 - Henderson v. USA

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16-8051 - Henderson v. USA
December 19, 2016
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REPORT AND RECOMMENDATION: recommending that the 1 Motion to Vacate/Set Aside/Correct Sentence (2255) be denied and dismissed with prejudice; and recommending 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, re: CR 12-8088-PCT-PGR. Signed by Magistrate Judge Michelle H Burns on 12/14/16. (REW)
February 14, 2017
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ORDER Accepting 11 the Magistrate Judge's Report and Recommendation. ORDERED that the movant's Motion Under 28 U.S.C. ยง 2255 to Vacate, Set Aside or Correct a Sentence by a Person in Federal Custody (Doc. 1 in CV-16-08051 and Doc. 118 in CR-12-08088) is denied and that this action is dismissed with prejudice. ORDERED that a certificate appealability shall not issue and that leave to appeal in forma pauperis is denied because the movant has not made a substantial showing of the denial of a constitutional right. FURTHER ORDERED that the Clerk of the Court shall enter judgment accordingly. Signed by Senior Judge Paul G Rosenblatt on 2/13/17. (EJA)