Filed: Feb. 15, 2012
Latest Update: Feb. 15, 2012
Summary: ORDER JOHN C. COUGHENOUR, District Judge. The Court, having reviewed petitioner's 28 U.S.C. 2255 motion (Dkt. No. 1), the parties' briefs, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge (Dkt. No. 10), the objection of the United States (Dkt. No. 11), and the remaining record, finds and orders as follows: 1. The Report and Recommendation is ADOPTED ; 2. Petitioner's 2255 motion is DENIED as to Claims 1, 2, 4, and 5, and those claims a
Summary: ORDER JOHN C. COUGHENOUR, District Judge. The Court, having reviewed petitioner's 28 U.S.C. 2255 motion (Dkt. No. 1), the parties' briefs, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge (Dkt. No. 10), the objection of the United States (Dkt. No. 11), and the remaining record, finds and orders as follows: 1. The Report and Recommendation is ADOPTED ; 2. Petitioner's 2255 motion is DENIED as to Claims 1, 2, 4, and 5, and those claims ar..
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ORDER
JOHN C. COUGHENOUR, District Judge.
The Court, having reviewed petitioner's 28 U.S.C. § 2255 motion (Dkt. No. 1), the parties' briefs, the Report and Recommendation of the Honorable Brian A. Tsuchida, United States Magistrate Judge (Dkt. No. 10), the objection of the United States (Dkt. No. 11), and the remaining record, finds and orders as follows:
1. The Report and Recommendation is ADOPTED;
2. Petitioner's § 2255 motion is DENIED as to Claims 1, 2, 4, and 5, and those claims are DISMISSED with prejudice;
3. Petitioner is DENIED issuance of a certificate of appealability as to Claims 1, 2, 4, and 5;
4. In light of the objection of the United States, the Court orders an evidentiary hearing to determine the veracity of petitioner's Claim 3 allegation that defense counsel failed to file a notice of appeal after being directed to do so. This matter is REFERRED to U.S. Magistrate Judge Brian A. Tsuchida for an evidentiary hearing. The Criminal Justice Act (CJA) Panel is DIRECTED to appoint a new attorney for petitioner for the purpose of this evidentiary hearing;
5. The Clerk shall send a copy of this Order to the parties and to Judge Tsuchida.
