Mancinas-Flores v. USA

Mancinas-Flores v. USA

Petitioner:	Bernardo Mancinas-Flores
Respondent:	USA
Case Number:	2:2016cv03183
Filed:	September 19, 2016
Court:	US District Court for the District of Arizona
Office:	Phoenix Division Office
County:	Maricopa
Presiding Judge:	James F Metcalf
Presiding Judge:	Neil V Wake
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
February 27, 2019	Filing 36 ORDER ADOPTING REPORT AND RECOMMENDATION- Movant's Objections to the Report and Recommendation of the Magistrate Judge are overruled. The Report and Recommendation of the Magistrate Judge is accepted only with respect to its recommendation that the Amended § 2255 Motion be dismissed with prejudice as untimely, and the remainder of the R&R is rejected as moot. Movant Bernardo Mancinas-Flores's Amended Motion Under 28 U.S.C. § 2255 (Doc. 252 in CR-05-01086-PH X-NVW) is dismissed with prejudice. IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and terminate the civil action (CV-16-03183-PHX-NVW). IT IS FURTHER ORDERED that a certificate of appealability and leave to proceed in forma pauperis on appeal are denied because jurists of reason would not find debatable the Court's denial of the Amended § 2255 Motion as untimely under Blackstone. See document for complete details. (MSA)
April 4, 2017	Filing 19 ORDER: The Report and Recommendation 18 of the Magistrate Judge is rejected and the United States' Unopposed Motion for Stay 15 is denied. The United States shall file a response to the motion by 4/28/2017. See order for additional details. Signed by Senior Judge Neil V Wake on 4/4/2017.(LMR)

Date Filed

Document Text

February 27, 2019

Filing 36 ORDER ADOPTING REPORT AND RECOMMENDATION- Movant's Objections to the Report and Recommendation of the Magistrate Judge are overruled. The Report and Recommendation of the Magistrate Judge is accepted only with respect to its recommendation that the Amended § 2255 Motion be dismissed with prejudice as untimely, and the remainder of the R&R is rejected as moot. Movant Bernardo Mancinas-Flores's Amended Motion Under 28 U.S.C. § 2255 (Doc. 252 in CR-05-01086-PH X-NVW) is dismissed with prejudice. IT IS FURTHER ORDERED that the Clerk enter judgment accordingly and terminate the civil action (CV-16-03183-PHX-NVW). IT IS FURTHER ORDERED that a certificate of appealability and leave to proceed in forma pauperis on appeal are denied because jurists of reason would not find debatable the Court's denial of the Amended § 2255 Motion as untimely under Blackstone. See document for complete details. (MSA)

April 4, 2017

Filing 19 ORDER: The Report and Recommendation 18 of the Magistrate Judge is rejected and the United States' Unopposed Motion for Stay 15 is denied. The United States shall file a response to the motion by 4/28/2017. See order for additional details. Signed by Senior Judge Neil V Wake on 4/4/2017.(LMR)

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Respondent: USA
Represented By:	Lisa Jennis(Designation Assistant US Attorney)
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Petitioner: Bernardo Mancinas-Flores
Represented By:	Keith James Hilzendeger
Represented By:	Lee David Stein(Designation CJA Appointment)
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