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07-284 - Dakers v. USA


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07-284 - Dakers v. USA
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 54 (Filed as Doc. 67 in 3:03cr90): 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. Signed by Judge Walter H Rice on 12/19/2008. (NOTE: This document will be changed to reflect correct document number of 67) (jdf1, ) Modified on 12/19/2008 to correct document number and edit text (jdf1, ). Modified on 12/19/2008 (jdf1, ).