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03-031 - USA v. Phillips


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03-031 - USA v. Phillips
February 12, 2008
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RECOMMENDED DISPOSITION as to Keith D. Phillips re 38 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
March 3, 2008
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MEMORANDUM OPINION AND ORDER as to Keith D. Phillips re 61 REPORT AND RECOMMENDATIONS as to Keith D. Phillips re 38 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 6:07-cv-81-DCR.),,38 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 6:07-cv-81-DCR.) filed by Keith D. Phillips: 1) Mag. Judge's Recommended Disposition 61 is ADOPTED and INCORPORATED by reference; 2) Phillips' mts to vacate, set aside or correct sentence 38 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. Motions terminated as to Keith D. Phillips: 38 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 6:07-cv-81-DCR.) filed by Keith D. Phillips, 61 REPORT AND RECOMMENDATIONS as to Keith D. Phillips re 38 MOTION to Vacate under 28 U.S.C. 2255 ( Civil Action 6:07-cv-81-DCR.). Signed by Judge Danny C. Reeves on 3/3/2008. (JMB)cc: COR,USP, Keith D. Phillips