Lopez-Valencia v. USA
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|Date Filed||#||Document Text|
|March 30, 2016
ORDER: The Court adopts the Report and Recommendation of the Magistrate Judge filed on March 1, 2016. (Doc. 10 .) IT IS FURTHER ORDERED that Movant's Motion to Vacate, Set Aside, or Correct Sentence, filed September 28, 2015 (Doc. 1 ) be DISM ISSED WITHOUT PREJUDICE for failure to prosecute. The Clerk of Court shall enter judgment accordingly; a Certificate of Appealability and leave to proceed in forma pauperis on appeal are DENIED because the dismissal was justified by a plain procedu ral bar and jurists of reason would not find the procedural ruling debatable; Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 39 in CR-14-1153-01-PHX-SMM) be denied with prejudice. Signed by Senior Judge Stephen M McNamee on 3/29/2016. (REK)
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