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11-021 - USA v. Dinovo

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11-021 - USA v. Dinovo
November 16, 2011
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REPORT AND RECOMMENDATIONS on Plea of Guilty as to Phillip Dinovo Signed by Magistrate Judge Susan K Lee on 11/16/11. (GRE, )
December 6, 2011
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ORDER adopting Report and Recommendations re 15 Report and Recommendations on Plea of Guilty as to Phillip Dinovo. Signed by District Judge Harry S Mattice, Jr on 12/6/2011. (PCS)
April 19, 2017
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MEMORANDUM OPINION as to Phillip Dinovo. This Court interprets Petitioner's failure to respond to the United States' request for dismissal as a waiver of opposition, the motion to deny and dismiss 41 will be GRANTED and Petitioner's ยง 2255 petition 37 will be DENIED and DISMISSED WITH PREJUDICE. FDSET's motion to withdraw 42 and request to lift the stay 39 will be GRANTED. This Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. This Court will DENY Petitioner leave to proceed in forma pauperis on appeal. A certificate of appealability SHALL NOT ISSUE. Signed by District Judge Harry S Mattice, Jr on 4/19/17. (aws, ) Mailed to Phillip Dinovo.