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14-113 - USA v. Mitchell


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14-113 - USA v. Mitchell
January 31, 2017
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REPORT AND RECOMMENDATIONS as to Adam Scott Mitchell re 48 MOTION to Vacate under 28 U.S.C. 2255. Counsel consulted with Mitchell about the merits of appealing his sentence. Mitchell was aware of his right to appeal and did not, at any point, explicitly instruct, whether in writing or verbally, his counsel to file a notice of appeal. He has neither claimed that he would have appealedif he had been consulted nor has he identified any issue, meritorious or not, that he would have appealed had he had the opportunity. Accordingly, the Court RECOMMENDS that Mitchells § 2255 claim that his counsel was ineffective for failing to file an appeal be DENIED. Signed by Magistrate Judge Clifton L Corker on 1/31/2017. (C/M). (LMC)
March 17, 2017
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MEMORANDUM OPINION AND ORDER as to Adam Scott Mitchell re 48 MOTION to Vacate under 28 U.S.C. 2255 filed by Adam Scott Mitchell. Signed by District Judge R Leon Jordan on March 17, 2017. (JAN, )(cm Petitioner)
March 17, 2017
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ORDER as to Adam Scott Mitchell (1). After a thorough review of the Report and Recommendation doc. 69, the Court accepts and adopts the Report and its Recommendations in their entirety. To the extent that Petitioners 28 U.S.C. § 2255 motion claims that his sentencing attorney failed to perfect an appeal after Petitioner specifically requested him to do so, the motion doc. 48 is DENIED. Judgment Order to Follow. Signed by District Judge R Leon Jordan on March 17, 2017. (JAN, )
March 17, 2017
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JUDGMENT AND ORDER as to Adam Scott Mitchell (1). In accordance with the Memorandum And Order doc 72, Petitioners motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 is DENIED, and this action is DISMISSED. Should the Petitioner give timely notice of an appeal from this decision, such notice will be treated as an application for a certificate of appealability, which under the circumstances is DENIED. The Court certifies that any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court hereby DENIES the Petitioners leave to proceed in forma pauperis on appeal. The Clerk is DIRECTED to close the civil file.. Signed by District Judge R Leon Jordan on March 17, 2017. (JAN, )(cm Petitioner) Civil Case 2:16-cv-00147-RLJ closed.