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14-081 - USA v. Warner


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14-081 - USA v. Warner
August 24, 2016
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REPORT AND RECOMMENDATION DENYING PETITONER'S 43 MOTION TO VACATE AND 60 MOTION TO AMEND THE SAME as to Arthur Sean Warner re 43. Petitioner seeks to amend his 2255 motion to add a claim regarding alleged inaccuracies in the calculation of the applicable sentencing guideline range. Because this additional claim would be dismissed anyway, the proposed amendment is futile and motion to amend 60 must be DENIED. The Magistrate Judge recommends that the petitioner's 2255 motion be DENIED and DISMISSED with prejudice from the docket. Within fourteen (14) days after being served with a copy of this report andrecommendation, any party may file with the Clerk of Court written objections. Signed by Magistrate Judge James E. Seibert on 8/24/2016. (kd) (Copy pro se party/cmrrr) (Additional attachment(s) added on 8/24/2016: # (1) Certified Mail Return Receipt) (kd).
June 1, 2017
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MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION 61 AND DENYING PETITION 43. The Court GRANTS Warner's motions to supplement his petition (dkt.nos. 64, 66, and 68); DENIES Warner's motion to amend his petition (dkt. no.60); ADOPTS those portions of the R&R to which Warner did not object (dkt. no. 61); OVERRULES Warner's objections; DENIES and DISMISSES Warner's petition WITH PREJUDICE (dkt. no.43), and ORDERS it stricken for the Court's active docket. The Court DENIES a certificate of appealability. Signed by District Judge Irene M. Keeley on 6/1/2017. (kd)(Copy pro se party/cmrrr) Civil Case 1:15-cv-00164-IMK-JES closed. (Additional attachment(s) added on 6/1/2017: # (1) Certified Mail Return Receipt) (kd).