JAMES D. WHITTEMORE, District Judge.
BEFORE THE COURT are Petitioner's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (CV Dkt. 1), Respondent's Motion to Dismiss the Section 2255 motion (CV Dkt. 7), and Petitioner's response to the Motion to Dismiss (CV Dkt. 10). Upon consideration, the Motion to Dismiss is
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