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15-4017 - Menchaca v. USA


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15-4017 - Menchaca v. USA
January 5, 2017
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FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE. This cause of action was referred to the United States Magistrate Judge pursuant to the provisions of Title 28, United States Code, Section 636(b), as implemented by an order of the United States District Court for the Northern District of Texas. The Court recommends that Petitioner's motion to vacate, set aside or correct sentence pursuant to 28 U.S.C. ยง 2255 be DISMISSED as barred by the one-year statute of limitations. (see order) (Ordered by Magistrate Judge Paul D Stickney on 1/5/2017) (mcrd)
February 7, 2017
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Order 9 Accepting Findings and Recommendations. The court overrules Petitioner's objections, denies Petitioner's 2 Motion to Vacate, and dismisses with prejudice this action as barred by the one-year statute of limitations. The court prospectively certifies that any appeal of this action would not be taken in good faith. In the event of an appeal, Petitioner may challenge this certification by filing a separate motion to proceed in forma pauperis on appeal with the clerk of the United States Court of Appeals for the Fifth Circuit. If Petitioner files a notice of appeal, he must pay the $505 appellate filing fee or submit a motion to proceed in forma pauperis. (Ordered by Judge Sam A Lindsay on 2/7/2017) (epm)