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15-1541 - Faul v. Wilson


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15-1541 - Faul v. Wilson
October 1, 2015
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REPORT AND RECOMMENDATION. Based on the foregoing, and all the files, records and proceedings herein, IT IS HEREBY RECOMMENDED that the Respondents Motion to Dismiss (ECF No. 4) be GRANTED, this action be DISMISSED WITH PREJUDICE, and a certificate of appealability not be issued. Signed by Magistrate Judge Tony N. Leung on 10/01/2015.(Cc: Scott Faul) (TSS)
January 5, 2016
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on January 5, 2016. (CLG) CC: Faul. (kt)ORDER adopting Report and Recommendation 6 granting 4 Motion to Dismiss for Lack of Jurisdiction. IT IS HEREBY ORDERED THAT: 1. Respondent's motion to dismiss 4 is GRANTED. 2. Faul's petition 1 is DISMISSED FOR LACK OF JURISDICTION. 3. To the extent that Faul's petition could be construed as a motion under 28 U.S.C. ยง 2255, no certificate of appealability will issue. LET JUDGMENT BE ENTERED ACCORDINGLY. (Written Opinion). Signed by Judge Patrick J. Schiltz