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06-284 - Loya v. USA


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06-284 - Loya v. USA
July 18, 2008
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MEMORANDUM OPINION & ORDER: 1. Magistrate Judge's Report and Recommendation (#114) is ADOPTED and INCORPORATED by reference. 2. Loya's motion to vacate, set aside, or correct a sentence filed pursuant to 28:2255 (#85) is DENIED. 3. US' motion to dismiss (#89) is GRANTED. 4. Loya's motion to expand the record (#109) and his motion for an evidentiary hearing (#85) are DENIED. 5. US' motion for an evidentiary hearing (#112) is DENIED. 6. A Certificate of Appealability shall not issue because Loya has not made a substantial showing of the denial of any substantive constitutional right. 7. This habeas proceeding shall be DISMISSED and STRICKEN from the docket. Signed by Judge Danny C. Reeves. (TDA)cc: COR & Jesus Loya
July 18, 2008
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JUDGMENT as to Jesus Terrazas Loya: 1. Judgment entered in favor of USA with respect to all issues raised herein by Jesus Terrazas Loya. 2. claims asserted in action by Jesus Terrazas Loya are DISMISSED, with prejudice. 3. This is a FINAL and APPEALABLE Judgment and there is no just cause for delay. Signed by Judge Danny C. Reeves. (TDA)cc: COR & Jesus Loya