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16-1897 - Tolbert v. USA


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16-1897 - Tolbert v. USA
January 17, 2017
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE: The Court should dismiss Tolbert's Section 2255 motion as time-barred. On the basis of that dismissal, the Court should also terminate the Motion to Modify Conditions of Probation [No. 3:00-cr-22-G, Dkt. No. 43], which is, in substance, part of Tolbert's motion to vacate sentences and not a standalone motion the Court need consider. (Ordered by Magistrate Judge David L. Horan on 1/17/2017) (mcrd)
February 7, 2017
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ORDER ACCEPTING 6 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND DENYING A CERTIFICATE OF APPEALABILITY. In the event petitioner will file a notice of appeal, the court notes that petitioner must pay the $505.00 filing fee or file a motion for leave to proceed in forma pauperis on appeal. (Ordered by Senior Judge A. Joe Fish on 2/7/2017) (epm)