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09-027 - USA v. Gilmore


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09-027 - USA v. Gilmore
November 25, 2009
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REPORT AND RECOMMENDATION as to Errick E. Gilmore RECOMMENDING DENIAL re 18 First MOTION to Suppress Statement signed by Magistrate Judge H Bruce Guyton on 11/25/09. (NGW)
October 28, 2010
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ORDER adopting 25 Report and Recommendations anddenying 18 Motion to Suppress as to Errick E. Gilmore. Signed by District Judge Thomas W Phillips on October 28, 2010. (RLK)
January 25, 2017
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MEMORANDUM OPINION as to Errick E. Gilmore: the § 2255 motion 76 will be DENIED and DISMISSED WITH PREJUDICE. The Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by District Judge Thomas W Phillips on January 25, 2017. c/m (AYB)
January 25, 2017
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JUDGMENT ORDER as to Errick E. Gilmore (1): Petitioner's § 2255 motion 76 is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by District Judge Thomas W Phillips on January 25, 2017. c/m (AYB) Civil Case 3:16-cv-00640-TWP closed.