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02-101 - USA v. Phillips

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02-101 - USA v. Phillips
February 12, 2008
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RECOMMENDED DISPOSITION as to Keith Douglas Phillips re 101 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 6:07-cv-81-DCR.): 1) District Court DENY, w/ prejudice, Phillips's Sec. 2255 motions, DE 101 (Case No. 02-101) and DE #38 (Case No. 03-31); and 2) Should Phillips make a mt under 28:2253, the District Court refuse a COA as to all issues. Objections due w/in 10 days after being served w/ copy of this recommended disposition. **Objections to R&R due by 2/29/2008**. Signed by Robert E. Wier on 2/12/2008. (JMB)cc: COR,USP, Keith D. Phillips (JMB).
March 3, 2008
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MEMORANDUM OPINION AND ORDER as to Keith D. Phillips denying 101 Motion to Vacate (2255) as to Keith Douglas Phillips; adopting 124 Report and Recommendations as to Keith Douglas Phillips: 1) Mag. Judge's Recommended Disposition 124 is ADOPTED and INCORPORATED by reference; 2) Phillips' mts to vacate, set aside or correct sentence 101 are DENIED; 3) COA shall not issue because Phillips has not made a substantial showing of denial of any substantive constitutional right; and 4) Habeas proceeding shall be DISMISSED and STRICKEN from the docket. Signed by Judge Danny C. Reeves on 3/3/2008. (JMB)cc: COR,USM,USP (JMB).