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15-080 - Wade v. USA


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15-080 - Wade v. USA
August 24, 2016
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y 1 be DENIED. I further RECOMMEND that the § 2255 proceeding be DISMISSED WITH PREJUDICE. 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 objection is made and the basis for such objections. Signed by Magistrate Judge Robert W. Trumble on 8/24/16. (copies to Pro Se Petitioner via CM/rrr; counsel via CM/ECF) (lmm) (Additional attachment(s) added on 8/24/2016: # (1) Certified Mail Return Receipt) (lmm). (Additional attachment(s) added on 9/6/2016: # (2) Certified Mail Return Receipt) (nmm).REPORT AND RECOMMENDATIONS re 1 MOTION to Vacate, Set Aside or Correct Sentence (2255) filed by Rocci Wade. I RECOMMEND that Petitioners Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or Correct Sentence by a Person in Federal Custod
October 26, 2016
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E. This Court further DIRECTS the Clerk to enter judgment in favor of the respondent and to STRIKE this case from the active docket of this Court. This Court hereby DENIES a certificate of appealability, finding that Mr. Wade has failed to make a substantial showing of the denial of a constitutional right. 28 U.S.C. § 2253(c)(2). Signed by District Judge John Preston Bailey on 10/26/2016. (copy to Pro Se Petitioner via CM,rrr;copy to counsel via CM/ECF) (nmm) (Additional attachment(s) added on 10/26/2016: # (1) Certified Mail Return Receipt) (nmm).ORDER ADOPTING 8 REPORT AND RECOMMENDATION: Petitioner's 16 Objections are OVERRULED; the 17 Motion for Hearing is DENIED. Accordingly, this Court ORDERS that Petitioner's 1 § 2255 petition be DENIED and DISMISSED WITH PREJUDIC