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16-1799 - Combs v. USA


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16-1799 - Combs v. USA
December 14, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that movant must either consent in writing to reclassification of his motion to appoint counsel as a motion to vacate under 28 U.S.C. § 2255, or he must withdraw the motion. Movant has twenty-one (21) days to comply with this Order. IT IS FURTHER ORDERED that if movant consents to the reclassification, he must file a second amended motion on the Court's form. IT IS FURTHER ORDERED that the Clerk is directed to send movant a § 2255 form. IT IS FURTHER ORDERED that if movant does not comply with this Order, the Court will dismiss this action without prejudice. Signed by District Judge John A. Ross on 12/14/16. (JAB)(Remark: Order and form mailed to movant)
January 31, 2017
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the motion of Walter Combs to vacate, set aside, or correct sentence under 28 U.S.C. § 2255 is DENIED, and this action is DISMISSED. IT IS FURTHER ORDERED that the Court will not issue a certificate of appealability. An Order of Dismissal will be filed separately. Signed by District Judge John A. Ross on 1/31/17. (JAB)