Castillo v. USA
|Eduardo Cruz Castillo
|October 10, 2012
|US District Court for the District of Arizona
|Phoenix Division Office
|James F Metcalf (PS)
|Frederick J Martone
|Nature of Suit:
|Prisoner: Vacate Sentence
|Cause of Action:
|28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentence
|Jury Demanded By:
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|July 16, 2013
ORDER ACCEPTING REPORT AND RECOMMENDATION 14 . Therefore, IT IS ORDERED DENYING the amended Motion to Vacate, Set Aside or Correct Sentence (doc. 5 ). Because petitioner has not made a substantial showing of the denial of a constitutional right an d because the dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable, IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal. Signed by Senior Judge Frederick J Martone on 7/16/13. (LAD)
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