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10-014 - USA v. Vanover et al


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10-014 - USA v. Vanover et al
December 5, 2016
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REPORT AND RECOMMENDATIONS as to Gary Vanover re 59 MOTION to Vacate under 28 U.S.C. 2255: The Court RECOMMENDS that the DistrictJudge wholly DENY § 2255 relief (DE #59) and grant no Certificate of Appealability. The Court directs the parties to 28 U.S.C. § 636(b)(1) for appeal rights and mechanics concerning this Recommended Disposition, issued under subsection (B) of the statute. See also Rules Governing Section 2255 Proceedings for the United States District Courts, Rule 8(b). Within fourteen days after being served with a copy of this decision, any party may serve and file specific written objections to any or all findings or recommendations for determination, de novo, by the District Court. Failure to make a timely objection consistent with the statute and rule may, and usually does, result inwaiver of further appeal to or review by the District Court and Court of Appeals. See United States v. Walters, 638 F.2d 947, 950 (6th Cir. 1981); Thomas v. Arn, 106 S. Ct. 466 (1985). Signed by Magistrate Judge Robert E. Wier on 12/5/2016. (TED)cc: COR,USM,USP, Gary Vanover via U.S. Mail
April 11, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Gary Vanover: (1) The Report and Recommendation of the United States Magistrate Judge 72 is hereby ADOPTED as the findings of fact and conclusions of law of the Court;(2) Defendants Objections 75 are hereby OVERRULED as set forth herein; (3) Defendants Motion to Vacate, Set Aside, or Correct Sentence pursuant to 28 U.S.C. § 2255 59, is hereby DENIED; (4) This matter is hereby DISMISSED and STRICKEN from the Courts active docket; and (5) For the reasons set forth herein and in the Magistrate Judges Report and Recommendation 72, the Court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue. Signed by Judge David L. Bunning on 04/11/2017. (KRB)cc: COR,USM,USP, Gary Vanover via US Mail