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17-162 - Ali v. Attorney General

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17-162 - Ali v. Attorney General
April 10, 2017
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REPORT AND RECOMMENDATIONS - IT IS RECOMMENDED THAT: (1) Petitioner's petition be DISMISSED with prejudice on the ground that this Court lacks jurisdiction to consider it. IT IS FURTHER RECOMMENDED that petitioner's motion for leave to proceed in forma pauperis be DENIED as moot; (2) A certificate of appealability should not issue; and (3) the Court should certify that an appeal of any Order adopting this Report and Recommendation would not be taken in "good faith" and therefore, should DENY petitioner leave to appeal in forma pauperis upon a showing of financial necessity. Objections to R&R due by 4/24/2017. Signed by Magistrate Judge Stephanie K. Bowman on 4/10/2017. (km)
May 11, 2017
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DECISION AND ORDER ADOPTING 2 REPORT AND RECOMMENDATIONS. Petitioner's amended petition for a writ of coram nobis and or audita querela (Doc. 1-1) is DISMISSED WITHOUT PREJUDICE; Petitioner's motion for leave to proceed in forma pauperis is DENIED AS MOOT; A certificate of appealability shall not issue with respect to any of the grounds for relief alleged in the petition. The Court certifies an appeal of this Order would not be taken in good faith and therefore Petitioner is denied leave to appeal in forma pauperis. Signed by Judge Timothy S. Black on 5/11/17. (sct)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)