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17-21643 - Diago v. United States of America


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17-21643 - Diago v. United States of America
May 8, 2017
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REPORT AND RECOMMENDATIONS on 28 USC 2255 case re 1 Motion (Complaint) to Vacate/Set Aside/Correct Sentence (2255) filed by Erick Javier Diago; Recommending that this federal petition, when viewed as one brought pursuant to §2255, that it be DENIED; and, when viewed in the alternative, as one brought pursuant to §2241, that it be DISMISSED for lack of exhaustion, that no certificate of appealability issue; and, that this case be closed. Objections to R&R due by 5/22/2017 Signed by Magistrate Judge Patrick A. White on 5/8/2017. (br)
May 31, 2017
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ORDER Adopting 5 Report and Recommendations. Certificate of Appealability: DENIED. Closing Case. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.