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)

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Burgos-Ramos v. United States of America Doc. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WO NOT FOR PUBLICATION IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA United States of America, Plaintiff/Respondent, vs. Guadalupe Burgos-Ramos, Defendant/Movant. ) ) ) ) ) ) ) ) ) ) ) ) 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. -2-

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