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01-047 - USA v. Sawaf


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01-047 - USA v. Sawaf
March 27, 2013
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MEMORANDUM OPINION AND ORDER: (1) The Report and Recommendation of the Magistrate Judge (DE 183) is ADOPTED, in part, and INCORPORATED by reference; (2) Defendant Ali Sawafs motion to vacate, set aside, or correct his sentence (DE 166) is DENIED; (3) Defendants objections (DE 184) to the Magistrate Judges Report and Recommendation are SUSTAINED, in part, and OVERRULED, in part; (4) This proceeding is DISMISSED and STRICKEN from the Courts active docket; and (5) A separate, final, and appealable Judgment shall issue. Signed by Judge Karen K. Caldwell on 3/27/2013. (JMB)cc: Paper copy to COR,USM,USP Civil Case 6:09-cv-07104-KKC-EBA closed.
August 7, 2017
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REPORT AND RECOMMENDATIONS as to Ali Hadi Sawaf: (1) Defendant Ali Hadi Sawafs Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct a Sentence by a Person in Federal Custody, as amended and supplemented, and request for evidentiary hearing (R. 240; R. 241; R. 242; R. 249) be denied; (2) a Certificate of Appealability be denied by the District Court; (3) Judgment in favor of the United States be entered contemporaneously with the District Court's entry of its final order; and (4) this action be stricken from the active docket of this Court. The Court directs the parties to 28 U.S.C. § 636(b)(1) for appeal rights and mechanics concerning this Report and Recommendation, issued under subsection (B) of the statute. Within fourteen days after being served with a copy of this Report and Recommendation, any party may serve and file specific written objections to any or all findings or recommendations for determination, de novo, by the District Court. Failure to make a timely objection consistent with the statute and rule may, and normally will, result in waiver of further appeal to or review by the District Court and Court of Appeals. Objections to R&R due by 8/24/2017. Signed by Magistrate Judge Candace J. Smith on 8/7/2017. (RBB)cc: COR,USM,USP, paper copy to Ali Hadi Sawaf @ 114 Penmoken Park, Lexington, KY 40503
January 4, 2018
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OPINION AND ORDER as to Ali Hadi Sawaf (1): 1) Except where this Order expressly deviates, the recommended disposition (DE 276) is ADOPTED as the Courts opinion; 2) Defendant Sawafs objection to the recommended disposition (DE 286; 287) is DENIED; 3) Defendant Sawafs motion under 28 U.S.C. § 2255 to vacate, set aside, or correct a sentence by a person in federal custody and request for evidentiary hearing (DE 240; 241; 242; 249) is DENIED; 4) A certificate of appealability SHALL NOT ISSUE because Defendant has failed to make a substantial showing of the denial of a constitutional right; and 5) A separate judgment shall issue.. Signed by Judge Karen K. Caldwell on 1/4/2018. (JMB)cc: COR,USM,USP, Ali Sawaf via US Mail Civil Case 6:15-cv-00170-KKC-CJS closed.