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U.S. v. JOHNSON, 2:-6-cr-13-RLH-RJJ. (2014)

Court: District Court, D. Nevada Number: infdco20140826a35 Visitors: 14
Filed: Aug. 25, 2014
Latest Update: Aug. 25, 2014
Summary: ORDER DENYING APPEALABILITY ROGER L. HUNT, District Judge. Following the Court's denial of Defendant's Motion to Vacate under 28 U.S.C. 2255, ( see #112), Defendant Johnson filed a Notice of Appeal. (#114). Pursuant to Ninth Circuit policy, the Circuit has remanded this case for the limited purpose of granting or denying a Certificate of Appealability. This court will not enter a certificate of appealability because, as noted in the order of denial, Defendant has not sought or obtained per
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ORDER DENYING APPEALABILITY

ROGER L. HUNT, District Judge.

Following the Court's denial of Defendant's Motion to Vacate under 28 U.S.C. § 2255, (see #112), Defendant Johnson filed a Notice of Appeal. (#114). Pursuant to Ninth Circuit policy, the Circuit has remanded this case for the limited purpose of granting or denying a Certificate of Appealability.

This court will not enter a certificate of appealability because, as noted in the order of denial, Defendant has not sought or obtained permission to file his second § 2255 motion, and the motion is otherwise untimely.

IT IS THEREFORE ORDERED that this court will not issue a certificate of appealability in this matter.

Source:  Leagle

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