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15-164 - Warner v. USA

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15-164 - Warner v. USA
August 24, 2016
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REPORT AND RECOMMENDATION DENYING PETITONER'S 1 MOTION TO VACATE AND 15 MOTION TO AMEND THE SAME as to Arthur Sean Warner. 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 15 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 and recommendation, 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 16 AND DENYING PETITION 1. The Court GRANTS Warner's motions to supplement his petition (dkt.nos. 19, 21, and 23); DENIES Warner's motion to amend his petition (dkt. no.15); ADOPTS those portions of the R&R to which Warner did not object (dkt. no. 16); OVERRULES Warner's objections; DENIES and DISMISSES Warner's petition WITH PREJUDICE (dkt. no.1), 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) (kd) (Additional attachment(s) added on 6/1/2017: # (1) Certified Mail Return Receipt) (kd).