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U.S. v. Slater, 2:03-cr-0371-MCE-EFB P. (2018)

Court: District Court, E.D. California Number: infdco20181023e89 Visitors: 24
Filed: Oct. 18, 2018
Latest Update: Oct. 18, 2018
Summary: ORDER MORRISON C. ENGLAND, JR. , District Judge . Movants have filed motions to vacate, set aside, or correct their sentences pursuant to 28 U.S.C. 2255. On October 16, 2018, the court denied their motions, but did not issue or deny certificates of appealability at the time the final orders were entered. See ECF Nos. 1104, 1105; see also Rule 11(a), Rules Governing 2255 Cases A certificate of appealability may issue "only if the applicant has made a substantial showing of the denia
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ORDER

Movants have filed motions to vacate, set aside, or correct their sentences pursuant to 28 U.S.C. § 2255. On October 16, 2018, the court denied their motions, but did not issue or deny certificates of appealability at the time the final orders were entered. See ECF Nos. 1104, 1105; see also Rule 11(a), Rules Governing § 2255 Cases

A certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." 28 U.S.C. § 2253(c)(2). For the reasons set forth in the magistrate judge's June 18, 2018 findings and recommendations (ECF Nos. 1088, 1089), movants have not made a substantial showing of the denial of a constitutional right. Accordingly, the Court declines to issue a certificate of appealability and the Clerk of the Court shall terminate ECF No. 1108 (Movants' Joint Motion for Certificates of Appealability).

IT IS SO ORDERED.

Source:  Leagle

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