Lopez-Valencia v. USA

Petitioner: Erasmo Lopez-Valencia
Respondent: USA
Case Number: 2:2015cv01954
Filed: September 28, 2015
Court: Arizona District Court
Office: Phoenix Division Office
County: Yuma
Presiding Judge: Stephen M McNamee
Referring Judge: James F Metcalf
Nature of Suit: Motions to Vacate Sentence
Cause of Action: 28:2255
Jury Demanded By: None

Available Case Documents

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Date Filed#Document Text
March 30, 2016 11 Opinion or Order of the Court 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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Respondent: USA
Represented By: Fredrick Allen Cocio(Designation Assistant US Attorney)
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Petitioner: Erasmo Lopez-Valencia
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