Moore v. United States of America
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|Date Filed||#||Document Text|
|August 1, 2011
ORDER that the 8 Report and Recommendation is accepted and adopted; Plaintiff's 4 motion to dismiss is granted; Defendant's 9 objections are overruled; his 1 motion to vacate, set aside, or correct his sentence is denied and dismiss ed with prejudice; and the Clerk of the Court shall enter judgment accordingly. It is further ordered that pursuant to Rule 11 of the Rules Governing Section 2255 Proceedings, in the event Defendant files an appeal, the Court denies issuance of a certificate of appealability, because dismissal of the motion is based on a plain procedural bar, and jurists of reason would not find this Court's procedural ruling debatable. Signed by Judge James A Teilborg on 08/01/11. (ESL)
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