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06-086 - USA v. Davis

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06-086 - USA v. Davis
October 9, 2008
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REPORT AND RECOMMENDATION as to Christopher Davis re 35 MOTION to Vacate under 28 U.S.C. 2255. IT IS RECOMMENDED: Dft's motion to vacate his conviction and sentence is DENIED under Rule 4 w/out necessity of resp. by U.S. and proceeding be dismissed from active docket. Courtesy copy of R&R be served on U.S. Objections to R&R due by 10/27/2008. Any responses due ten (10) days thereafter. Signed by Judge J. Gregory Wehrman on 10/9/2008. (KRS)cc: COR,USM,USP
December 15, 2008
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ORDER AND JUDGMENT adopting Report and Recommendations re 36 as to Christopher Davis as the findings of fact and conclusions of law of the Court; Denying 35 Motion to Vacate (2255) without the need for a response from the U.S. Matter is DISMISSED and STRICKEN from the docket of this Court. No certificate of appealability shall issue for reasons stated in the Magistrate's Report. Signed by David L. Bunning on 12/15/2008. (LMB)cc: COR,USM,USP Civil Case 2:08-cv-07039-DLB closed.