Briones v. USA
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|Date Filed||#||Document Text|
|September 26, 2013
ORDER, the Clerk must file the lodged Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody and lodged Application to Proceed without Prepayment of Filing Fees; Movant's Application to Procee d without Prepayment of Filing Fees 3 is denied as moot; Movant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody 2 is denied and the civil action opened in connection with this Mot ion is dismissed without prejudice; the Clerk must enter judgment accordingly; Movant's Motion to Stay 1 is denied; the Clerk must send a copy of this Order to the Ninth Circuit Court of Appeals and to Plaintiff; the Clerk must indicate that t he Order relates to Ninth Circuit case 13-71056; in the event Movant files an appeal, the Court declines to issue a Certificate of Appealability because reasonable jurists would not find the Court's procedural ruling debatable, re: CR 96-464-PHX-RCB. Signed by Senior Judge Robert C Broomfield on 9/25/13. (REW)
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