Manning v. USA

Filing 1

JUDGMENT ON § 2255 MOTION as to Donald Manning. The Clerk shall vacate and reenter the criminal Judgment in this case so that Defendant may proceed with his appeal. Signed by Judge Barry Ted Moskowitz on 7/12/10.(All non-registered users served via U.S. Mail Service)(vet)

Manning v. USA

Doc. 1

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 1 Honorable Barry Ted Moskowitz United States District Judge DATED: July 12, 2010 For the reasons set forth in the Court's Order Granting in Part and Denying in Part § 2255 Motion, Defendant's § 2255 motion is GRANTED IN PART and DENIED IN PART. The motion is GRANTED as to Defendant's claim that his attorney was ineffective for refusing to file a Notice of Appeal and is DENIED as the remainder of Defendant's claims. The Clerk shall VACATE and REENTER the criminal Judgment in this case so that Defendant may proceed with his appeal. A Certificate of Appealability is DENIED as to the § 2255 claims denied by the Court. IT IS SO ORDERED. DONALD MANNING, v. Movant-Defendant, Civ. Case No.: 10cv833 BTM Crim. Case No.: 06cr1021 BTM JUDGMENT ON § 2255 MOTION

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

UNITED STATES OF AMERICA, Respondent-Plaintiff.

06cr1021 BTM

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