Martin v. United States of America
| 2:2006cv02302 |
| September 26, 2006 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| James A Teilborg |
| Bernardo P Velasco |
| Prisoner: Vacate Sentence |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
| None |
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Filing
21
ORDER that the 19 Report and Recommendation is accepted and adopted, the Objections (Doc. 20) are overruled and the Clerk of the Court shall enter judgment accordingly. IT IS FURTHER ORDERED that pursuant to Rule 11 of the Rules Governing Section 2 255 Proceedings, in the event Movant files an appeal, the Court grants the certificate of appealability. The Court finds that Movant has stated a claim of constitutional magnitude as theories I and III of ineffective assistance of counsel and the Court grants the certificate of appealability as to those theories. Signed by Judge James A Teilborg on 11/15/10. (ESL)
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Filing
8
ORDER ACCEPTING AND ADOPTING REPORT AND RECOMMENDATION 6 , the objections 7 are overruled, the Petition 1 in CV 06-2302-PHX-JAT and 316 in CR 02-155-PHX-JAT is denied and the Clerk of Court shall enter judgment of dismissal with prejudice because the Petition is barred by the statute of limitations. Signed by Judge James A Teilborg on 10/7/08. (TLJ)
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