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12-424 - USA v. Rich et al

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12-424 - USA v. Rich et al
February 2, 2015
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DECISION AND ORDER denying 121 Motion to Dismiss as to JAMES J. RICH, JR. (1) - There being no legally cognizable reason, including ineffective assistance of counsel, supporting the Defendants application to withdraw his guilty plea to Count One of the Superseding Indictment, the Court denies the Defendants motion (docket no. 121) to do so. The Court further denies the Defendants motion to dismiss Counts One through Three of the Superseding Indictment (docket no. 121). So Ordered by Judge Arthur D. Spatt on 2/2/2015. (Coleman, Laurie)
March 20, 2018
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MEMORANDUM OF DECISION & ORDER (2:16-CV-03247; 2:12-CR-00424-1) as to JAMES J. RICH, JR. (1); The Petitioner's motions to vacate his conviction and sentence (Dkt. Nos. 146, 147) are DENIED. The Court declines to issue a certificate of appealability because the Petitioner has not made a substantial showing that he was denied a constitutional right. See 28 U.S.C. ยง 2253(c)(2). The Court certifies that any appeal of this Order would not be taken in good faith, and thus in forma pauperis status is denied for the purposes of any appeal. Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 921, 8 L. Ed. 2d 21 (1962). The Clerk of the Court is respectfully directed to mail a copy of this Order to the Petitioner at his place of incarceration, and upon attorney Tracey E. Gaffey, Esq. of the Federal Defenders, and close this case. SEE ATTACHED ATTACHED DECISION for details. SO ORDERED by Judge Arthur D. Spatt on 3/20/2018. (Coleman, Laurie) Civil Case 2:16-cv-03247-ADS closed.