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08-080 - USA v. Danko


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08-080 - USA v. Danko
June 20, 2017
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REPORT AND RECOMMENDATIONS as to Timothy David Danko re 42 MOTION to Vacate under 28 U.S.C. 2255. Magistrate Judge recommends that Petitioners § 2255 petition be DENIED and DISMISSED WITHOUT PREJUDICE to his right to file a § 2241 in the District Court having jurisdiction over FCI Allenwood, where he is presently incarcerated. Within fourteen (14) days after being served with a copy of this Recommendation, any party may file with the Clerk of the Court, written objections identifying the portions of the Recommendation to which objections are made and the basis for such objections. Signed by Magistrate Judge Michael John Aloi on 6/20/2017. (copy pro se petitioner via certified mail) (jmm) (Additional attachment(s) added on 6/20/2017: # (1) Certified Mail Return Receipt) (jmm).
July 18, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 53 as to Timothy David Danko. Court ADOPTS the R&R in its entirety (dkt. no. 53), DENIES Dankos petition, DISMISSES this case WITHOUT PREJUDICE, and ORDERS this case stricken from its active docket. Court concludes that Danko has failed to make the requisite showing, and DENIES a certificate of appealability. Court directs the Clerk of Court to enter a separate judgment order Signed by District Judge Irene M. Keeley on 7/18/2017. (Copy counsel of record, Copy pro se petitioner via certified mail) (jmm) Civil Case 1:16-cv-00064-IMK-MJA closed. (Additional attachment(s) added on 7/18/2017: # (1) Certified Mail Return Receipt) (jmm).