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04-031 - USA v. Mann et al


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04-031 - USA v. Mann et al
October 17, 2008
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RECOMMENDED DISPOSITION as to Alan R. Mann re 223 MOTION to Vacate under 28 U.S.C. 2255: 1) DENY, w/ prejudice Mann's 2255 motion 223; and 2) Refuse wholly a COA, should Mann request such certification. Objections to R&R due by 11/3/2008. Signed by Robert E. Wier on 10/16/2008. (JMB)cc: COR,USP, Alan Mann
October 20, 2008
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RECOMMENDED DISPOSITION as to Tiffany Arnold re 225 MOTION to Vacate under 28 U.S.C. 2255: For reasons stated in this decision, the Court; 1) DENIES Arnold's motion for discovery; 2) DENIES Arnold's request for an evidentiary hearing; 3) DENIES Arnold's motion for appt of counsel; 4) RECOMMENDS that the District Court DENY, w/ prejudice, Arnold's 2255 application for writ of h/c 225; and 5) RECOMMENDS that the District Court refuse a COA except on the stated terms. Objections to R&R due by 11/6/2008. Signed by Robert E. Wier on 10/20/2008. (JMB)cc: COR,USP, Tiffany Arnold
November 14, 2008
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MEMORANDUM OPINION AND ORDER: 1) With exception of the recommendation concerning issuance of COA, the recommendations contained in Mag. Judge's Recommended Disposition 242 are ADOPTED and INCORPORATED by reference; 2) Arnold's mt to vacate, set aside or correct sentence, pursuant to 28:2255 225 is DENIED, w/ prejudice; 3) Arnold's mt for discovery, request for evidentiary hrg, and mt for appt of counsel are DENIED for reasons outlined in Mag. Judge's Recommended Disposition; and 4) Habeas proceeding shall be DISMISSED and STRICKEN from the docket.. Signed by Judge Danny C. Reeves on 11/14/2008. (JMB)cc: COR,USP, Tiffany Arnold Civil Case 6:08-cv-07010-DCR closed. Modified on 11/14/2008 (JMB). **AMENDED BY ORDER 248**
November 17, 2008
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MEMORANDUM OPINION AND ORDER: 1) Court ADOPTS and INCORPORATED by reference the findings and recommendations contained in Mag. Judge's Recommended Disposition 241; 2) Mann's obj to Mag Judge's Recommended Disposition 244 are DENIED; 3) Mann's mt to supplement claim 243 is DENIED. Mann's mt to vacate, set aside, or correct sentence, pursuant to 28:2255 223 is DENIED, w/ prejudice; 4) Mann's request for evidentiary hrg is DENIED; 5) This habeas proceeding shall be DISMISSED and STRICKEN from the docket; and 6) Ct refuses to issue COA as to any issue raised by Pet Mann because the Ct concludes that the Pet has not made substantial showing of denial of constitutional right. Further, Ct concludes that reasonable jurists would not find the Ct's assessment of the constitutional claims debatable or wrong.. Signed by Judge Danny C. Reeves on 11/17/2008. (JMB)cc: COR,USP, Alan Mann Civil Case 6:08-cv-07008-DCR closed.