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05-188 - Stewart v. UNITED STATES OF AMERICA


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05-188 - Stewart v. UNITED STATES OF AMERICA
November 7, 2007
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REPORT AND RECOMMENDATIONS re 1 MOTION to Vacate filed by Jason Stewart Be DENIED As To Ground That Petitioner Directed Counsel To File An Appeal.Objections to R&R due 10 days after receiving this R&R. Signed by Judge James E. Seibert on 11/7/07. (c as directed)(mji)
October 27, 2008
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MEMORANDUM OPINION AND ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATION THAT SECTION 2255 MOTION BE DENIED AS TO ALL GROUNDS EXCEPT SETTING AN EVIDENTIARY HEARING ON ALLEGATION IN REPLY THAT COUNSEL FAILED TO APPEAL, APPOINTING COUNSEL FOR THE EVIDENTIARY HEARING AND PROVIDING THAT COUNSEL, PARTIES AND WITNESSES MORE THAN 40 MILES FROM THE WHEELING POINT HOLDING COURT MAY APPEAR BY VIDEO OR TELEPHONE CONFERENCING. 1 Motion to Vacate is DENIED. 56 Report and Recommendation filed in criminal action no. 5:04-cr-18 is AFFIRMED AND ADOPTED. Signed by Senior Judge Frederick P. Stamp, Jr on 10/27/08. (c to counsel, petitioner)(cc)
October 27, 2008
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MEMORANDUM OPINION AND ORDER AFFIRMING 3 Report and Recommendation that 1 Section 2255 Motion be DENIED as to ground that petitioner directed counsel to file an appeal. 1 PETITION DENIED. 3 REPORT AND RECOMMENDATION AFFIRMED. Signed by Senior Judge Frederick P. Stamp, Jr on 10/27/08. (c to petitioner, counsel)(cc)