Gaybor v. USA
| 2:2016cv04598 |
| September 20, 2018 |
| 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
21
ORDER - IT IS HEREBY ORDERED that the Court adopts the Report and Recommendation of the Magistrate Judge. (Doc. 19 .) IT IS FURTHER ORDERED that the Motion to Vacate, Set Aside, or Correct Sentence Under 28 U.S.C. § 2255 (Doc. 363 in CR-01-01 136-PHX-SMM and Doc. 10 in CV-16-04598-PHX-SMM) be denied and the civil action opened in connection with this Motion (CV-16-04598-PHX-SMM) be dismissed with prejudice. IT IS FURTHER ORDERED that a Certificate of Appealability be denied because jurists of reason would not find the district court's assessment of the constitutional claims debatable or wrong. (See document for complete details). Signed by Senior Judge Stephen M McNamee on 9/19/18. (SLQ)
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