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02-007 - USA v. Waagner


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02-007 - USA v. Waagner
August 18, 2014
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REPORT AND RECOMMENDATIONS as to Clayton L Waagner - Because Waagner's Motion is barred by the statute of limitations, it should be dismissed with prejudice. Given that conclusion, the Court need not decide the Government's defense of procedural default or the merits of Waagner's claims. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 9/5/2014. Signed by Magistrate Judge Michael R Merz on 8/18/2014. (kpf1)
September 17, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to 102 Report and Recommendation. Accordingly, it is hereby ORDERED that the 91 Motion to Vacate under 28 U.S.C. § 2255 is dismissed with prejudice. Petitioner is DENIED a certificate of appealability and the Court hereby certifies to the United States Court of Appeals for the Sixth Circuit that an appeal would be objectively frivolous.. Signed by Chief Judge Susan J. Dlott. (wam1) (Additional attachment(s) added on 9/17/2014: # (1) Certified Mail Receipt) (wam1).
May 16, 2016
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REPORT AND RECOMMENDATIONS - Defendants Motion to Vacate under 28 U.S.C. § 2255 (Doc. No. 109) should be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 6/3/2016. Signed by Magistrate Judge Michael R. Merz on 5/16/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 23, 2016
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TRANSFER ORDER - Accordingly, it is hereby ORDERED that the instant § 2255 Motion be, and it hereby is,TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for that courts determination of whether this Court may proceed to adjudicate the merits of the Motion. as to Clayton L. Waagner re 116 Response to Motion filed by Clayton L. Waagner, 114 MOTION to Dismiss for Lack of Jurisdiction defendant's second or successive 28 USC 2255 motion filed by USA. Signed by Magistrate Judge Michael R. Merz on 08/23/16. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 24, 2017
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that Waagner's instant § 2255 Motion be DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Objections to R&R due by 4/7/2017. Signed by Magistrate Judge Michael R. Merz on 3/24/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
April 11, 2017
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ORDER Having reviewed the Magistrate Judges Report and Recommendations de novo in light of Defendants Objections, the Court hereby ADOPTS the Report and Recommendations. Mr. Waagners second § 2255 Motion (ECF No. 109) is DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate ofappealability and the Court hereby certifies to the Sixth Circuit that any appeal would beobjectively frivolous and therefore should not be permitted to proceed in forma pauperis.. Signed by Judge Susan J. Dlott on 4/11/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Civil Case 1:16-cv-00538-SJD closed.