Cohen v. United States of America
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|Date Filed||#||Document Text|
|March 25, 2010
ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS ORDERED that the 16 Report and Recommendation is accepted and adopted, Petitioner's 19 Objections are overruled and the 6 Amended Motion to Vacate, Set Aside, or Correct Sentence (Doc. #470 in CR 03-342-PHX-JAT) is denied. The Clerk of the Court shall enter jgm accordingly. FURTHER ORDERED that Petitioner's 21 Motion for Status is denied as moot. FURTHER ORDERED that pursuant to Rule 11 of the Rules Governing Section 2255 Proc eedings, in the event Petitioner files an appeal, the Court grants in part and denies in part the certificate of appealability. As to claim one, the Court finds that Petitioner has stated a claim of constitutional magnitude as to the theories of inef fective assistance of appellate cnsl and the Court grants the certificate of appealability as to that claim. As to claims two through nine, the Court finds Petitioner has not stated a claim of constitutional magnitude and denies the certificate of ap pealability. Also with regard to Claims two through nine, the Court finds that these claims are 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 3/24/10. (SAT)
|October 6, 2009
REPORT AND RECOMMENDATION re 6 MOTION to Vacate; Recommending that Grounds 2 (except that portion asserting a lack of jurisdiction), 3, 4, 5, 6, 8 and 9 of Movant's Amended Motion to Vacate, Set Aside or Correct Sentence be DISMISSED WITH PREJUDICE and that the remainder of Movant's Amended Motion to Vacate, Set Aside or Correct Sentence be DENIED. Signed by Magistrate Judge Jay R Irwin on 10/6/09. (REW, )
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