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16-245 - Blackeagle v. USA


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16-245 - Blackeagle v. USA
February 1, 2017
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MEMORANDUM DECISION AND ORDER. IT IS ORDERED that: 1. The Government's Motion to Stay (Dkt. 3) is DENIED. 2. The Government's Motion to Dismiss (Dkt. 5) is GRANTED and Defendant's Motion to Vacate under 28 U.S.C. ยง 2255 (Dkt. 1) is DISMISSED. Defendant's Motion for Leave to File Excess Pages (Dkt. 8) is retroactively GRANTED. 4. The Court does not find its resolution of this habeas matter to be reasonably debatable, and a certificate of appealability will not issue. If Petitioner wishes to appeal, he must file a timely notice of appeal with the Clerk of Court. Petitioner may seek a certificate of appealability from the Ninth Circuit by filing a request in that court. Signed by Judge B. Lynn Winmill. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (km)