Burgos-Ramos v. United States of America

Filing 21

ORDER adopting Report and Recommendations re 20 . DENYING movant's Second Amended Motion to Vacate, Set Aside, or Correct a Sentence (doc. 8). DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal because movant has not made a substantial showing of the denial of a constitutional right. Signed by Judge Frederick J Martone on 9/7/10.(DMT)

Burgos-Ramos v. United States of America

Doc. 21

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NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA

United States of America, Plaintiff/Respondent, vs. Guadalupe Burgos-Ramos, Defendant/Movant.

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No. CV-09-01484-PHX-FJM No. CR-09-00084-PHX-FJM ORDER

The court has before it Guadalupe Burgos-Ramos's Second Amended Motion to Vacate, Set Aside, or Correct a Sentence pursuant to 28 U.S.C. § 2255 (doc. 8), the United States' response (doc. 16), an affidavit by movant's former counsel (doc. 19), and a report and recommendation by the United States Magistrate Judge recommending that the motion be denied (doc 20). Movant did not file a reply or object to the report and recommendation. After review, we accept the recommendation of the Magistrate Judge pursuant to Rule 8(b), Rules Governing § 2255 Cases, and deny the motion. IT IS THEREFORE ORDERED DENYING movant's Second Amended Motion to Vacate, Set Aside, or Correct a Sentence (doc. 8). /// ///

Dockets.Justia.com

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IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal because movant has not made a substantial showing of the denial of a constitutional right. DATED this 7th day of September, 2010.

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