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06-352 - Demling v. United States of America

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06-352 - Demling v. United States of America
January 2, 2008
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MEMORANDUM OPINION & ORDER: 1. The Recommended Disposition and Supplement to the Recommended Disposition of United States Magistrate Judge Robert E. Wier are ADOPTED and INCORPORATED by reference. 2. Demlings objections to the Magistrate Judges Report and Recommendation are DENIED. 3. Demlings motion to vacate, set aside, or correct sentence, pursuant to 28 U.S.C. ยง 2255 is DENIED. 4. Demlings request for an evidentiary hearing is DENIED because there are no allegations that, if fully developed, could lead the court to believe that habeas relief is warranted. 5. A certificate of appealability shall issue as to Demlings claim for ineffective assistance of counsel. 6. This judgment is final; and 7. This matter is STRICKEN from the active docket. Signed by Judge Danny C. Reeves on 1/2/08.(MRS)cc: COR