Bear Eagle v. USA

Bear Eagle v. USA

Petitioner:	Darryl Bear Eagle
Respondent:	USA
Case Number:	2:2015cv02028
Filed:	October 8, 2015
Court:	US District Court for the District of Arizona
Office:	Phoenix Division Office
County:	Gila
Presiding Judge:	Susan R Bolton
Presiding Judge:	John Z Boyle
Nature of Suit:	Motions to Vacate Sentence
Cause of Action:	28 U.S.C. § 2255
Jury Demanded By:	None

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Date Filed	Document Text
November 18, 2016	Filing 15 ORDER ADOPTING 12 Report and Recommendation of the Magistrate Judge as the Order of this Court. Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 is granted as to G round One and denied as to Grounds Two and Three. A Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied as to the denial of the Motion on Grounds Two and Three because Petitioner has not made a substantial showing of the denial of a constitutional right as to Ground Two and because the denial of the Motion as to Ground Three is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The judgment entered on May 12, 2015 in CR01-00794-PHX-SRB (Doc. 67) is vacated and an amended judgment will be entered. Signed by Judge Susan R Bolton on 11/18/16. (LSP)

Date Filed

Document Text

November 18, 2016

Filing 15 ORDER ADOPTING 12 Report and Recommendation of the Magistrate Judge as the Order of this Court. Petitioner's Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody Pursuant to 28 U.S.C. § 2255 is granted as to G round One and denied as to Grounds Two and Three. A Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied as to the denial of the Motion on Grounds Two and Three because Petitioner has not made a substantial showing of the denial of a constitutional right as to Ground Two and because the denial of the Motion as to Ground Three is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. The judgment entered on May 12, 2015 in CR01-00794-PHX-SRB (Doc. 67) is vacated and an amended judgment will be entered. Signed by Judge Susan R Bolton on 11/18/16. (LSP)

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Respondent: USA
Represented By:	Frederick A Battista(Designation Assistant US Attorney)
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Petitioner: Darryl Bear Eagle
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