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05-1689 - Bodnar v. United States of America

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05-1689 - Bodnar v. United States of America
January 4, 2008
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Report and Recommendation that petitoner's 1 Motion Pursuant to 28 USC 2255 be dismissed as untimely or alternatively for lack of merit. Since the motion is meritless it is unnecessary to consider equitable tolling or evidentiary hearing. Further, it is recommended that the court certify pursuant to 28 U.S.C. §1915(a)(3) that an appeal form this decision could not be taken in good faith and that there is no basis on which to issue a certificate of appealability. See 28 U.S.C. §2253(c); Fed. R. App P. 22(b). Signed by Magistrate Judge James S. Gallas on 1/4/2008. (S,S)
February 5, 2008
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Order signed by Judge James S. Gwin on 2/5/08 adopting the Report and Recommendation and denying petitioner's motion to vacate, set aside or correct sentence. (Related Docs. 1, 8) (M,G)