Neal v. USA
| 2:2016cv04589 |
| January 11, 2019 |
| US District Court for the District of Arizona |
| Phoenix Division Office |
| Prisoner: Vacate Sentence - Habeas Corpus |
| 28 U.S.C. ยง 2255 Motion to Vacate / Correct Illegal Sentence |
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Filing
36
ORDER ADOPTING REPORT AND RECOMMENDATION re: 24 Report and Recommendation. Petitioner's Amended Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. 8 ) is denied and dismissed. Petitioner's Motion to Ext end Time (Doc. 27 ) is granted. A Certificate of Appealability and leave to proceed in forma pauperis on appeal are denied because dismissal of the petition is justified by a plain procedural bar and jurists of reason would not find the ruling debatable. The Clerk shall enter judgment accordingly and terminate this action. Signed by Judge Douglas L Rayes on 1/10/19. (DXD)
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