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13-213 - Nelson v. USA


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13-213 - Nelson v. USA
June 26, 2015
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REPORT AND RECOMMENDATIONS/OPINION re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Lawrence W. Nelson. Based upon review of the record, the undersigned recommends that Petitioner's Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Civil Action No. 1:13-cv-213, ECF No. 1; Criminal Action No. 1:03-cr- 49, ECF No. 522) be DENIED and DISMISSED because Petitioner's motion is untimely. Within fourteen (14)t(s) added on 6/26/2015: # (1) Certified Mail Return Receipt) (kd). days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections. Signed by Magistrate Judge Robert W. Trumble on 6/26/2015. (Copy pro se party/cmrrr)(kd) (Additional attachmen
March 4, 2016
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MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION DKT. NO. 12, DENYING § 2255 MOTION DKT. NO. 1, AND DISMISSING CASE WITH PREJUDICE.Court ADOPTS the R&R Dkt. No. 12, OVERRULES Nelsons objections Dkt. No. 15, DENIES AS MOOT Nelsons motion to appoint counsel Dkt. No. 14, DENIES Nelsons § 2255 motion Dkt. No. 1, and DISMISSES this case WITH PREJUDICE.Court DENIES a certificate of appealability. Court DIRECTS the Clerk to enter a separate judgment order, and to remove this case from the active docket. Signed by District Judge Irene M. Keeley on 3/4/2016. (Copy pro se petitioner via certified mail)(jmm) (Additional attachment(s) added on 3/4/2016: # (1) Certified Mail Return Receipt) (jmm).