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- ilnd;;1:02-cv-07324_de156 RegisterActionDate "2004-11-16" @default.
- ilnd;;1:02-cv-07324_de156 RegisterActionDescriptionText "CERTIFIED COPY of order from the 7th Circuit: 3EDEC02 has filed a notice of appeal from the denial of this motion under 28 U.S.C. Section 2255, two application for a certificate of appealability, a supplemental application for a certificate of appealability, and a petition for a writ of mandamus. This court has reviewed the fianl order of the district court and the record on appeal. We express no opinion on the district court's denial of 3EDEC02 motions to amend his pleadings, see Ellzey v. United States, 324 F.3d 521 (7th cir. 2003), and consider all of the claims 3EDEC02 presented to the district court. As to case number 04-1794, we find 3EDEC02 has made a substantial showing of the denial of a constitutional right under Blakely v. Washington, 124 S. Ct. 2431 (2004), and grant the certificate of appealability with respect to this claim. 3EDEC02 has not made the appropriate showing as to any of his other claims, and deny the request with respect to the remainder of the claims. Additionally, we vacate the district court judgment and remand the case for consideration of the Blakely claim by the district court. As to case number 04-2451, we deny 3EDEC02 petition for a writ of mandamus. To the extent 3EDEC02 pleading constitutes an attack on the denial of his Section 2255 motion, we deny the implied request for a certificate of appealability. (04-1794 & 04-2451) (cem) (Entered: 11/18/2004)" @default.
- ilnd;;1:02-cv-07324_de156 AdministrativeID "133" @default.