Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

05-2140 - Backhaus v. United States of America


Download Files

Metadata

Document in Context
05-2140 - Backhaus v. United States of America
January 14, 2008
PDF | More
Report and Recommendation that petitioner's 1 Motion Pursuant to 28 USC 2255 be denied with respect to his second ground. However with respect to his first and third grounds the motion should be granted to enable taking of a delayed appeal. Accordingly it is recommended that a certificate of appealability issue under 28 U.S.C. ยง2253(c)(1) and (2) to allow petitoner to appeal this issue of ineffective assistance of counsel for failing to take an appeal, and new counsel be appointed for this endeavor. Signed by Magistrate Judge James S. Gallas on 1/14/2008. (S,S)
February 14, 2008
PDF | More
Opinion and Order signed by Judge James S. Gwin on 2/14/08 adopting the Report and Recommendation and granting the petition, in part, allowing petitioner to undertake a delayed appeal with respect to his first and third grounds. New counsel will be appointed for said appeal. The Court certifies that as to petitioner's second ground, an appeal from this decision could not be taken in good faith and no basis exists on which to issue a certificate of appealability. (Related Docs. 1, 22) (M,G) Modified text on 2/19/2008 (M,G).
February 19, 2008
PDF | More
Amended Opinion and Order signed by Judge James S. Gwin on 2/19/08 adopting the Report and Recommendation and granting the petition, in part, allowing petitioner to undertake a delayed appeal with respect to his first and third grounds. New counsel will be appointed for said appeal. The Court certifies that as to petitioner's second ground, an appeal from this decision could not be taken in good faith and no basis exists on which to issue a certificate of appealability. (Related Docs. 1, 22, 23, 24) (M,G) Modified text on 2/19/2008 (M,G).