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97-074 - USA v. Flores


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97-074 - USA v. Flores
January 20, 2006
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REPORT AND RECOMMENDATIONS as to Margarito Flores - It is THEREFORE RECOMMENDED THAT: Petitioner's Motion to Vacate, Set Aside or Correct Sentence 233 be dismissed; That a certificate of appealibility not issue; and The case be terminated on the docket of this Court. Objections to R&R due by 2/3/2006. Signed by Judge Sharon L Ovington on 01/20/06. (phil1, )
February 16, 2006
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 234; DENYING PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE 233; DENYING A CERTIFICATE OF APPEALABILITY; AND TEMINATING THE CASE ON THE DOCKET OF THIS COURT as to Margarito Flores. Signed by Judge Walter H Rice on 2/16/2006. (sc1, )
March 6, 2006
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Margarito Flores re 234 REPORT AND RECOMMENDATIONS; IT IS THEREFORE RECOMMENDED THAT: Petitioner's Motion for Order to Deliver Report and recommendations with a new ten day objection period 238 be GRANTED; and, the Court's final judgment be vacated and the case be re-opened on the docket of this Court. Objections to R&R due by 3/20/2006. Signed by Judge Sharon L Ovington on 3/06/06. (ep, ) Modified text on 3/7/2006 (rp1, ).
January 30, 2007
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REPORT AND RECOMMENDATIONS that Petitioner Margarito Flores' Motion to Proceed In Forma Pauperis 251 be DENIED. Objections to R&R due by 2/13/2007. Signed by Judge Sharon L Ovington on 1/30/2007. (sc1, ) Modified on 1/31/2007 (ep1, ).
March 2, 2007
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DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS 239 OF UNITED STATES MAGISTRATE JUDGE; DEFENDANT-PETITIONER'S PRO SE "OBJECTION TO JUDGMENT, NOTICE OF DUE PROCESS VIOLATION AND REQUEST FOR ORDER TO DELIVER MAGISTRATE'S REPORT AND RECOMMENDATIONS WITH A NEW 10-DAY PERIOD TO RESPOND TO SAME." CONSTRUED AS A TIMELY FILED MOTION TO ALTER OR AMEND THE JUDGMENT, PURSUANT TO FED. R. CIV. P.59(e) 237, SUSTAINED; FINAL JUDGMENT OF FEBRUARY 17, 2006, VACATED; CAPTIONED CAUSE RE-OPENED ON THE DOCKET OF THIS COURT; DIRECTION TO CLERK OF COURTS OFFICE; DEFENDANT-PETITIONER'S MOTION TO APPEAL IN FORMA PAUPERIS 251 AND OBJECTIONS 255 TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS RECOMMENDING DENIAL OF SAID REQUEST 253 OVERRULED AS MOOT AT THIS TIME as to Margarito Flores . Signed by Judge Walter H Rice on 3/2/2007. (sc1, )
February 1, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 234) IN THEIR ENTIRETY, AND OVERRULING DEFENDANT-PETITIONERS OBJECTIONS THERETO (DOC. 269); DEFENDANT-PETITIONER'S MOTION TO VACATE, SET ASIDE OR CORRECT SENTENCE, PURSUANT TO 28 U.S.C. ยง 2255 (DOC. 233) DISMISSED, AS BARRED BY THE APPLICABLE STATUTE OF LIMITATIONS; CERTIFICATE OF APPEALABILITY AND ANTICIPATED REQUEST FOR LEAVE TO APPEAL IN FORMA PAUPERIS DENIED; TERMINATION ENTRY as to Margarito Flores (1). Signed by Walter H Rice on 02/01/08. (phil1, ) Modified on 2/4/2008 to edit text (bev1, ).