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12-1148 - Simmons #063313 v. Brewer


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12-1148 - Simmons #063313 v. Brewer
September 11, 2013
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*REPORT AND RECOMMENDATION recommending 10 Second Amended Petition for Writ of Habeas Corpus be denied and dismissed with prejudice. IT IS FURTHER RECOMMENDED that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because the dismissal of the Petition is justified by a plain procedural bar and jurists of reason would not find the procedural ruling debatable. Signed by Magistrate Judge Steven P Logan on 9/11/13. (LSP) *Modified to add Petition to be Appointed Counsel (Doc. 28), Motion for Appointment of Counsel (Doc. 29) and Motion for Sentencing Transcripts (Doc. 30) are DENIED on 9/26/2013 (LSP).
October 9, 2013
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ORDER ACCEPTING 33 Report and Recommendation of the United States Magistrate Judge. IT IS ORDERED DENYING AND DISMISSING with prejudice the second amended petition for writ of habeas corpus (Doc. 10). IT IS FURTHER ORDERED DENYING petitioner's motion to stay or alternatively dismiss without prejudice (Doc. 34). IT IS FURTHER ORDERED DENYING a certificate of appealability and leave to proceed in forma pauperis on appeal because dismissal of the habeas petition is required by the expiration of the statute of limitations and jurists of reason would not find the ruling debatable. Signed by Senior Judge Frederick J Martone on 10/9/13. (LSP)
November 21, 2017
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REPORT AND RECOMMENDATION - IT IS RECOMMENDED that Petitioner's motion for relief from judgment (Doc. 41) be DENIED and that a Certificate of Appealability and leave to proceed in forma pauperis on appeal be DENIED because Petitioner has not made a substantial showing of the denial of a constitutional right. The parties have fourteen days within which to file a response to the objections. Failure to file timely objections to the Magistrate Judge's Report and Recommendation may result in the acceptance of the Report and Recommendation by the District Court without further review. Signed by Magistrate Judge Bridget S Bade on 11/21/2017. (KAS)
January 8, 2018
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udge Frederick J Martone on 1/8/18. (LAD)ORDER - The judgment from which relief is sought was entered over four years ago. The Magistrate Judge concluded that it was untimely under both Rule 60(b)(1) and 60(b)(6), Fed. R. Civ. P. Plaintiff fails to demonstrate how his motion could be construed as timely under the relevant Rule 60 standards. Accordingly, we accept the Recommendation of the Magistrate Judge. (Doc. 45). It is therefore ORDERED DENYING Petitioner's Motion for Relief from Judgment. (Doc. 41). Signed by Senior J