Moya v. USA

Moya v. USA

Petitioner:	Roy Moya
Respondent:	USA
Case Number:	5:2017cv00021
Filed:	January 23, 2017
Court:	US District Court for the Northern District of Texas
Office:	Lubbock Office
County:	Lubbock
Presiding Judge:	Sam R Cummings
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
June 19, 2018	Filing 36 ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re document number 34 Findings and Recommendations on 1 Motion to Vacate under 28 U.S.C. 2255, filed by Roy Moya. The Court finds that Movant's claim that his tr ial counsel provided ineffective assistance of counsel by failing to file a notice of appeal is DENIED with prejudice. The Court DENIES movant a Certificate of Appealability. The Court notes that Movant failed to file a timely objection within the p rescribed fourteen-day period. In the event that the movant files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis that is accompanied by a properly signed certificate of inmate trust account. (Ordered by Senior Judge Sam R Cummings on 6/19/2018) (krd)

Date Filed

Document Text

June 19, 2018

Filing 36 ORDER ACCEPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE re document number 34 Findings and Recommendations on 1 Motion to Vacate under 28 U.S.C. 2255, filed by Roy Moya. The Court finds that Movant's claim that his tr ial counsel provided ineffective assistance of counsel by failing to file a notice of appeal is DENIED with prejudice. The Court DENIES movant a Certificate of Appealability. The Court notes that Movant failed to file a timely objection within the p rescribed fourteen-day period. In the event that the movant files a notice of appeal, he must pay the $505.00 appellate filing fee or submit a motion to proceed in forma pauperis that is accompanied by a properly signed certificate of inmate trust account. (Ordered by Senior Judge Sam R Cummings on 6/19/2018) (krd)

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Respondent: USA
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Petitioner: Roy Moya
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