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14-230 - USA v. Aiyewa et al


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14-230 - USA v. Aiyewa et al
April 26, 2018
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MEMORANDUM AND ORDER as to Tokunbo Patrick Aiyewa 89 MOTION to Vacate under 28 U.S.C. 2255 (Civil Action No. 4:16-3440) A) is DENIED as to all claims except Aiyewas claim that counsel failed to follow his instructions to file a notice of appeal; (B) No certificate of appealability shall issue; (C) Aiyewa shall, within 30 days of the date of this Order, either advise the Court that he has retained, or is taking steps to retain, counsel to represent him in the evidentiary hearing, or file a motion for appointment of counsel with appropriate proof that he is unable to afford retained counsel; and (D) The Court will conduct an evidentiary hearing on the sole remaining claim for relief.... ( Miscellaneous Review (Internal Use Only) due by 5/26/2018) ( Signed by Judge Kenneth M Hoyt) Parties notified. (sanderson, 4)