Escobedo-Sanchez v. USA

Escobedo-Sanchez v. USA

Petitioner:	Moises Alfredo Escobedo-Sanchez
Respondent:	USA
Case Number:	3:2016cv08307
Filed:	December 27, 2016
Court:	US District Court for the District of Arizona
Office:	Prescott Division Office
County:	Navajo
Presiding Judge:	Michelle H Burns (PS)
Presiding Judge:	Steven P Logan
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
December 11, 2017	Filing 14 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	Filing 12 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)

Date Filed

Document Text

December 11, 2017

Filing 14 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

Filing 12 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)

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Respondent: USA
Represented By:	Robert Ian Brooks(Designation Assistant US Attorney)
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Petitioner: Moises Alfredo Escobedo-Sanchez
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