Escobedo-Sanchez v. USA
Available Case Documents
The following documents for this case are available for you to view or download:
|Date Filed||#||Document Text|
|December 11, 2017
ORDER: Magistrate Judge Burns' Report and Recommendation 12 is accepted and adopted by the Court. The Motion to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody pursuant to 28 U.S.C. § 2255 (CV-16-08307-PCT-SPL, Doc. 1 ; Doc. 26, CR-15-08221-PCT-SPL) is denied. This case is dismissed with prejudice. A certificate of appealability and leave to proceed in forma on appeal are denied because Petitioner has not made a substantial showing of the denial of a constituti onal right. The Clerk of Court shall file this Order in the underlying related criminal action, Case No. CR-15-08221-PCT-SPL. The Clerk of Court shall enter judgment accordingly and terminate this action. Signed by Judge Steven P Logan on 12/08/2017. (REK)
|October 31, 2017
REPORT AND RECOMMENDATION: IT IS THEREFORE RECOMMENDED that Movant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody. (CV Doc. 1 ; CR Doc. 26) be DENIED and DISMISSED WITH PREJUDICE. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. This recommendation is not an or der that is immediately appealable to the Ninth Circuit Court of Appeals. Any notice of appeal pursuant to Rule 4(a)(1), Federal Rules of Appellate Procedure, should not be filed until entry of the district court's judgment. The parties shall have fourteen days from the date of service of a copy of this recommendation within which to file specific written objections with the Court. Thereafter, the parties have fourteen days within which to file a response to the objections. Pursuant to Rule 7.2, Local Rules of Civil Procedure for the United States District Court for the District of Arizona, objections to the Report and Recommendation may not exceed seventeen (17) pages in length. Failure timely to file objections to the Magistr ate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the district court without further review. Failure timely to file objections to any factual determinations of the Magistrate Judge will be considered a waiver of a party's right to appellate review of the findings of fact in an order or judgment entered pursuant to the Magistrate Judge's recommendation. Signed by Magistrate Judge Michelle H Burns on 10/31/2017. (REK)
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system.
A subscription to PACER is required.
Access this case on the Arizona District Court's Electronic Court Filings (ECF) System
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?