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REPORT AND RECOMMENDATIONS re 16 Second Amended Complaint filed by Ivan Guerrero-Melchor, 19 MOTION to Dismiss Based on Statute of Limitations, 24 MOTION for Extension of Time. Objections to R&R due by 1/28/2008.
Plaintiff Ivan Guerrero-Melchor, a former state inmate, is proceeding pro se and in forma pauperis in this 42 U.S.C. § 1983 civil rights suit against Seattle Police Officers Stephan Arulaid, P.J. Fox, and Zolt Dornay. Dkt. Nos. 8, 12.
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REPORT AND RECOMMENDATIONS re 1 Motion to Vacate/Set Aside/Correct Sentence (2255) filed by Ivan Guerrero-Melchor. It is recommended that the 1 Motion to Vacate/Set Aside/Correct Sentence (2255) be denied and that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be denied either because denial of the motion is justified by a plain procedural bar and jurists of ...
In these consolidated appeals, Ivan Guerrero-Melchor appeals from the 92- month sentence imposed following his jury-trial conviction for illegal reentry after deportation, in violation of 8 U.S.C. § 1326.
751 (1983). In addition, Guerrero -Melchor has failed to dem onstrate a reasonable probability that but for appellate counsel’s omission, the result of his appeal would have been different. IT IS THEREFORE RECOMMENDED that Ivan Guerrero-Melchor’s Motion to Vacate, Set Aside or Correct Sentence be denied (Doc. 1).
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