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06-1264 - USA v. Garcia


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06-1264 - USA v. Garcia
August 29, 2008
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MEMORANDUM AND ORDER Modified on 9/3/2008 (sashabranner, ). ORDERED that Defendant Homero Garcias Motion to Vacate, Set Aside, orCorrect Sentence under 28 U.S.C. § 2255 [Doc. # 29] is DENIED and thecorresponding civil action (L-07-0138) is DISMISSED WITH PREJUDICE. It is further ORDERED that Garcias motion for relief from his sentence under 28 U.S.C.§ 2241 [Doc. # 30] is DISMISSED for lack of jurisdiction. It is further ORDERED that Garcias Motion for Immediate Deportation [Doc. # 31] is DENIED. It is further ORDERED that Garcias request for an evidentiary hearing is DENIED. It is further ORDERED that the Governments Motion to Dismiss [Doc. # 41] is GRANTED. It is further ORDERED that a certificate of appealability is DENIED.