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16-124 - McClain v. USA


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16-124 - McClain v. USA
October 4, 2016
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REPORT AND RECOMMENDATION re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Ernest Allen McClain. It is recommended that the Petitioner's Motion Under 28 USC 2255 be Denied and Dismissed. 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 identifying those portions of the recommendation to which objections are made and the basis for such objections. Signed by Magistrate Judge Michael John Aloi on 10/4/16. (Copy Petitioner via cert. mail)(mh) (Additional attachment(s) added on 10/4/2016: # (1) Certified Mail Return Receipt) (mh).
June 6, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATION (DKT. NO. 7). The Court adopts the Magistrate Judge's 7 Report and Recommendation in its entirety, DENIES McClain's 1 2255 Petition and ORDERS that this case be DISMISSED WITHOUT PREJUDICE and stricken from the Court's active docket. Further, the Court denies a certificate of appealability. The Clerk is directed to enter a separate judgment order in this matter. Signed by District Judge Irene M. Keeley on 6/6/17. (Copy to PS Petitioner via cert. mail)(mh) (Additional attachment(s) added on 6/6/2017: # (1) Certified Mail Return Receipt) (mh).