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11-156 - USA v. BARBEE et al


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11-156 - USA v. BARBEE et al
December 2, 2015
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MEMORANDUM OPINION, ORDER, AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 12/02/2015. Petitioner's claims all fail as a matter of law. RECOMMENDED that Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Docket Entry 103) and his letter motion requesting leave to assert additional collateral claims (Docket Entry 110) be denied without a certificate of appealability. ORDERED that the Clerk shall remove from the publicly-available electronic and physical Docket the portion of Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence that encompasses his Presentence Report (Docket Entry 103 at 43-56). FURTHER ORDERED that the Clerk shall unseal the Response to Petition pursuant to 28 U.S.C. § 2255 (Docket Entry 107) and the attachments thereto (other than Petitioner's Presentence Report) (Docket Entries 107-1, 107-2, 107-4 - 107-7). Civil Case 1:14CV657.(Taylor, Abby) Modified on 12/4/2015 to exchange correct Judge name (Taylor, Abby).
December 14, 2015
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MEMORANDUM OPINION AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE signed by MAG/JUDGE L. PATRICK AULD on 12/14/2015. Petitioner's proffered new claims fail as a matter of law. RECOMMENDED that Petitioner's Motion Letter Requesting Permission to Supplement § 2255 Motion to Vacate, Set Aside, or Correct Sentence pursuant to Fed. R. Civ. P. 15(d) (Docket Entry 113) be denied without a certificate of appealability. Civil Case 1:14CV657. (Taylor, Abby)
February 3, 2016
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ORDER signed by JUDGE JAMES A. BEATY, JR on 02/03/2016 adopting the Magistrate Judge's Recommendation; that Petitioner's Motion under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence [Doc. # 103], his letter motion requesting leave to assert additional collateral claims [Doc. # 110], and his Motion Letter Requesting Permission to Supplement § 2255 Motion to Vacate, Set Aside, or Correct Sentence pursuant to Fed. R. Civ. P. 15(d) [Doc. # 113] are denied without a certificate of appealability. A Judgment dismissing this action will be entered contemporaneously with this Order. (Civil Case number: 14CV657) (Garland, Leah)