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06-183 - USA v. Cook


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06-183 - USA v. Cook
February 4, 2009
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OPINION & ORDER: Cook's 61 Motion to Appoint Counsel as to William Cook & 63 Motion to Appoint Counsel as to William Cook is DENIED. Signed by Judge Karl S. Forester on 02/04/2009. (RJD)cc: COR,USM,USP,DFT Modified to change document type on 2/6/2009 (RJD).
September 7, 2010
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REPORT AND RECOMMENDATIONS as to William Cook: (1) dft Cook's 65 MOTION to Vacate under 28 U.S.C. 2255 be DENIED; (2) this matter be DISMISSED & STRICKEN from active docket of this Court; (3) issuance of Certificate of Appealability be DENIED by District Court in conjunction w/Court's entry of its final order in this matter; specific obj to R & R must be filed with Clerk w/in 14 days of date of service or further appeal is waived; party may respond to another party's obj w/in 14 days of being served copy of those obj. Signed by Magistrate Judge Candace J. Smith on 09/07/2010. (RJD)cc: COR,USM,USP,DFT
October 28, 2010
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OPINION & ORDER: (1) Mag Judge's 84 Report and Recommendations is ADOPTED as & for opinion of Court; (2) Cook's obj to Mag Judge's 84 Report and Recommendations are OVERRULED; (3) Cook's 65 Motion to Vacate (2255) & his 71 supplemental motion are DENIED; (4) judgment will be entered contemporaneously w/this opinion & order in favor of US; (5) this is a final Order &, pursuant to 28 U.S.C. § 2253, Court finds def has not made substantial showing of denial of constitutional right & thus no certificate of appealability shall issue. Signed by Judge Karl S. Forester on 10/28/2010. (RJD)cc: COR,USM,USP,DEF Civil Case 5:09-cv-07063-KSF-CJS closed.
December 17, 2013
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RECOMMENDED DISPOSITION as to William Cook re 99 MOTION to Vacate under 28 U.S.C. 2255: The Court RECOMMENDS that the District Court TRANSFER Cook's 99 Motion to the Sixth Circuit pursuant to 28 U.S.C. 1631. The motion is second or successive. Alternatively, to the extent the District Court finds that Cook properly made his motion under Rule 60(b), the Court recommends that the District Court deny the motion. Within 14 days after being served with a copy of this decision, any party may serve and file objections to any or all findings or recommendations. Failure to make a timely objection may result in waiver of further appeal or review by the District Court and COA. Signed by Magistrate Judge Robert E. Wier on 12/17/2013. (KLB) cc: COR,USM,USP,Pro se Dft via US Mail
January 16, 2014
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OPINION & ORDER as to William Cook: 1) The Magistrate Judge's 107 Recommended Disposition is ADOPTED as and for the opinion of the Court; 2) Cook's 99 MOTION to Vacate under 28 U.S.C. 2255 is TRANSFERRED to the Sixth Circuit Court of Appeals pursuant to 28 U.S.C. 1631 on the grounds that his construed 28 U.S.C. 2255 motion is second or successive. Signed by Judge Karl S. Forester on 01/16/2014. (KLB) cc: COR,USM,USP,6CCA, Pro se Dft via US Mail. Modified cc: on 1/16/2014 (KLB).
June 6, 2017
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REPORT AND RECOMMENDATIONS as to William Cook re 123 MOTION to Vacate under 28 U.S.C. 2255: The Court RECOMMENDS that Cook's motion 123 be transferred to the Sixth Circuit for a determination as to whether the District Court may review it. Within 14 days of being served with a copy of this decision, any party may serve & file written objections to any or all finding or recommendations for determination, de novo, by the District Court. Failure to make a timely objection consistent with the statute & rule may result in waiver of further appeal to or review by the District Court and Court of Appeals. Signed by Magistrate Judge Hanly A. Ingram on 6/6/2017. (KM)cc: COR,USM,USP, Dft via U.S. mail
July 5, 2017
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MEMORANDUM ORDER: 1. The Recommended Disposition of U.S. Magistrate Judge Hanly A. Ingram 125 is ADOPTED in full and INCORPORATED here by reference; 2. Defendant/Movant William Cook's Objections 126 to the Magistrate Judge's Recommended Disposition are Overruled; 3. The Clerk is DIRECTED to transfer Cook's habeas motion 123 to the U.S. Court of Appeals for the 6th Circuit as a successive petition seeking relief under 28 U.S.C. § 2255 in accordance with 28 U.S.C. § 2244 and Rule 9 of the Rules Governing Section 2255 Proceedings for the U.S. District Courts; 4. To the extent the Cook seeks any relief from this Court, his request is Denied in accordance with 28 U.S.C. § 2244(a). Signed by Judge Danny C. Reeves on 7/5/2017. (KM)cc: COR, Dft Cook, 6CCA Modified text on 7/5/2017 (KM).