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No. 13-6952
Appeal from the United States District Court for the Eastern
District of North Carolina, at Wilmington. James C. Dever, III,
Chief District Judge. (7:09-cr-00100-D-3; 7:11-cv-00043-D)
Submitted:
November 5, 2013
Decided:
December 4, 2013
PER CURIAM:
Humberto
order
dismissing
motion.
Diaz
his
seeks
28
to
appeal
U.S.C.A.
the
2255
district
(West
Supp.
courts
2013)
in
failing
additional
to
briefing,
note
we
direct
vacate
in
appeal
part
as
and
requested.
remand
and
recognized
that
there
remains
category
of
petitions,
However, the
that
it
lacked
credibility.
In
light
of
Diazs
abused
its
discretion
in
concluding,
without
an
order
denying
relief
on
Diazs
claim
that
counsel
this issue. *
as
to
Diazs
claim
of
ineffective
assistance
and
VACATED IN PART,
DISMISSED IN PART,
AND REMANDED
as
to
the