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07-1896 - Avila-Sifuentes v. United States of America


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07-1896 - Avila-Sifuentes v. United States of America
December 20, 2007
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: It is recommended that the habeas petition, construed as a motion to vacate sentence under 28 U.S.C. ยง 2255, be DISMISSED without prejudice for want of prosecution pursuant to Rule 41(b), Federal Rules of Civil Procedure, and that the motion for leave to proceed in forma pauperis (#2) be DENIED as moot. Judge Wm F Sanderson, Jr no longer assigned to case. (Signed by Judge Wm F Sanderson Jr on 12/20/2007) (Attachments: # (1 - BOP printout)) (mfw)
June 12, 2008
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ORDER ACCEPTING 7 FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE (Signed by Judge David C Godbey on 6/12/2008) (twd)