Fuentes v. United States of America
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|Date Filed||#||Document Text|
|December 7, 2009
ORDER ADOPTING REPORT AND RECOMMENDATION 11 and the objections 12 are overruled or sustained as specified in this order. The motion /petition 1 is denied, with prejudice and the Clerk of the Court shall enter judgment accordingly.That pursuant to Rule 11 of the Rules Governing Section 2255 Proceedings, in the event Petitioner files an appeal, the Court grants in part and denies in part the certificate of appealability. As to Ground 1, the Court finds that Petitioner has stated a claim of c onstitutional magnitude as to theories 1 - 5 of ineffective assistance of counsel and the Court grants the certificate of appealability as to those theories. As to Ground 1, theory 6, the Court finds Petitioner has not stated a claim of constitutiona l magnitude and denies the certificate of appealability on this theory. As to Ground 2, the Court finds that Ground 2 is precluded by a plain procedural bar and jurists of reason would not find this Court's procedural ruling debatable. Signed by Judge James A Teilborg on 12/7/09. (DMT, )
|October 19, 2009
REPORT AND RECOMMENDATION re 1 Motion to Vacate/Set Aside/Correct Sentence (2255): Recommending that that Ground 2 (Prosecutorial Misconduct) of Movant's Motion to Vacate, Set Aside or Correct Sentence (2255) be dismissed with prejudice, it is further recommended that the remainder of Movant's Motion toVacate, Set Aside or Correct Sentence (2255), be DENIED. Signed by Magistrate Judge Jay R Irwin on 10/16/09. (ESL)
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