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03-090 - USA v. Dakers


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03-090 - USA v. Dakers
November 21, 2008
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REPORT AND RECOMMENDATIONS - Defendant's Grounds for Relief are without merit and, in the case of Ground Three, procedurally defaulted. The ยง 2255 Motion should therefore be denied with prejudice. Because reasonable jurists would not disagree with this conclusion, Defendant should be denied leave to appeal in forma pauperis and any requested certificate of appealability. Objections to R&R due by 12/11/2008. Signed by Magistrate Judge Michael R Merz on 11/21/2008. (kopf1, )
December 19, 2008
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 66 Report and Recommendations: It is therefore ORDERED that Defendant's 2255 Motion be, and it hereby is, denied with prejudice. Because reasonable jurists would not disagree.with this conclusion, Defendant is denied leave to appeal in forma pauperis and any requested certificate of appealability as to Harold I Dakers (1). Signed by Judge Walter H Rice on 12/19/2008. (jdf1)