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12-058 - USA v. Leon


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12-058 - USA v. Leon
March 14, 2018
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RECOMMENDED DISPOSITION as to Francisco Leon re 72 MOTION to Vacate under 28 U.S.C. 2255: Because Defendant's § 2255 motion is untimely, the undersigned RECOMMENDS that the Motion be DISMISSED. The Court also RECOMMENDS that no Certificate of Appealability should issue. Signed by Magistrate Judge Hanly A. Ingram on 3/14/2018. (STC)cc: COR,USP,Dft
April 26, 2018
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MEMORANDUM OPINION & ORDER: (1) Magistrate Judge's Recommended Disposition 79 is ACCEPTED and ADOPTED over Defendant's objections for the reasons stated therein and as set forth above; (2) Defendant's Motion to Vacate, Set Aside, or Correct His Sentence pursuant to 28 U.S.C. § 2255 72 is DENIED; (3) Defendant's Fourth Motion of Extension of Time to File Objections 86 is DENIED AS MOOT; and (4) no certificate of appealability will issue. Signed by Judge Joseph M. Hood on 4/26/2018. (STC)cc: COR,USP,Dft Civil Case 5:17-cv-00499-JMH-HAI closed.
April 26, 2018
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ORDER as to Francisco Leon: (1) Petitioner's Motion to Vacate, Amend, or Correct Sentence pursuant to 28 U.S.C. § 2255 72 is hereby DENIED and no certificate of appealability shall issue. (2) Judgment is hereby ENTERED in favor of the United States. (3) This Order is FINAL AND APPEALABLE and THERE IS NO JUST CAUSE FOR DELAY. (4) Clerk of Court shall STRIKE this matter from the Courts active docket. Signed by Judge Joseph M. Hood on 4/26/2018. (STC)cc: COR,USP,Dft