Flores v. USA
||January 17, 2006
||US District Court for the Southern District of Ohio
||Sharon L Ovington
||Walter H Rice
|Nature of Suit:
||Prisoner: Vacate Sentence
|Cause of Action:
||28 U.S.C. § 2255 Motion to Vacate / Correct Illegal Sentenc
|Jury Demanded By:
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|March 2, 2007
DECISION AND ENTRY ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. #239) OF UNITED STATES MAGISTRATE JUDGE; DEFENDANT-PETITIONER'S PRO SE "OBJECTION TO JUDGMENT, NOTICE OF DUE PROCESS VIOLATION AND REQUEST FOR ORDER TO DELIVER MAGIST RATE'S REPORT AND RECOMMENDATIONS WITH A NEW 10-DAY PERIOD TO RESPOND TO SAME." CONSTRUED AS A TIMELY FILED MOTION TO ALTER OR AMEND THE JUDGMENT, PURSUANT TO FED. R. CIV. P.59(e) (Doc. #237), SUSTAINED; FINAL JUDGMENT OF FEBRUARY 17, 2006, VACATED; CAPTIONED CAUSE RE-OPENED ON THE DOCKET OF THIS COURT; DIRECTION TO CLERK OF COURTS OFFICE; DEFENDANT-PETITIONER'S MOTION TO APPEAL IN FORMA PAUPERIS (Doc. #251) AND OBJECTIONS (Doc. #255) TO MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS RECOMMENDING DENIAL OF SAID REQUEST (Doc. #253) OVERRULED AS MOOT AT THIS. Signed by Judge Walter H Rice on 3/2/2007. (sc1, ) Modified on 3/2/2007 to edit doucment number (sc1, ).
|January 20, 2006
REPORT AND RECOMMENDATIONS as to Margarito Flores - It is THEREFORE RECOMMENDED THAT: Petitioner's Motion to Vacate, Set Aside or Correct Sentence 233 be dismissed; That a certificate of appealibility not issue; and The case be terminated on the docket of this Court. Objections to R&R due by 2/3/2006. Signed by Judge Sharon L Ovington on 01/20/06. (phil1, )
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