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16-1525 - Lynch v. USA


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16-1525 - Lynch v. USA
September 29, 2016
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that petitioner shall show cause, in writing and no later than twenty-one (21) days from the date of this Order, why the instant § 2255 motion should not be dismissed as time-barred. IT IS FURTHER ORDERED that if petitioner fails to comply with this Memorandum and Order, his § 2255 motion will be dismissed without further proceedings. Signed by District Judge E. Richard Webber on 9/29/2016. (CBL)
October 20, 2016
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MEMORANDUM AND ORDER. (See Full Order.) IT IS HEREBY ORDERED that petitioner's Motion to Vacate, Set Aside or Correct Sentence brought pursuant to 28 U.S.C. § 2255 (Docket No. 1) is DENIED AND DISMISSED as time-barred. 28 U.S.C. § 2255(f); Rule 4(b), Rules Governing Section 2255 Proceedings in the United States District Courts. A separate order of dismissal will be filed herewith. IT IS FURTHER ORDERED that the Court will not issue a Certificate of Appealability. See 28 U.S.C. § 2253. IT IS FURTHER ORDERED that petitioner's Motion for Leave to Proceed in Forma Pauperis (Docket No. 2) is DENIED as moot. Signed by District Judge E. Richard Webber on 10/20/2016. (CBL)