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02-089 - USA v. Costello


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02-089 - USA v. Costello
March 8, 2017
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ORDER VACATING STAY; REPORT AND RECOMMENDATIONS, as to Jason Costello It is therefore respectfully recommended that Defendants Amended Motion (ECF No.43) be dismissed with prejudice for failure to state a claim upon which relief can be granted under 28 U.S.C. § 2255.( Objections to R&R due by 3/22/2017) Signed by Magistrate Judge Michael R. Merz on 3/8/17. (pb)
March 20, 2017
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Jason Costello - It is again respectfully recommended that Mr. Costello's Amended Motion to Vacate under 28 U.S.C. § 2255 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 4/3/2017. Signed by Magistrate Judge Michael R. Merz on 3/20/2017. (kpf)
April 3, 2017
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that Mr. Costello's Amended Motion to Vacate under 28 U.S.C. § 2255 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 4/17/2017. Signed by Magistrate Judge Michael R. Merz on 4/3/2017. (kpf)
May 17, 2017
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ORDER WITHDRAWING PRIOR REPORTS AND REQUIRING ANANSWER - It is hereby ORDERED that the United States Attorney shall, not later than June 10, 2017, file an answer conforming to the requirements of Rule 5 of the Rules Governing § 2255 Cases. may,not later than twenty-one days after the Answer is filed, file and serve a reply or traverse to the Answer. Signed by Magistrate Judge Michael R. Merz on 5/17/2017. (kpf)
June 21, 2017
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REPORT AND RECOMMENDATIONS as to Jason Costello - It is respectfully recommended that Costellos Amended § 2255 Motion be GRANTED, that his sentence be VACATED, and that he be sentenced anew. Objections to R&R due by 7/5/2017. Signed by Magistrate Judge Michael R. Merz on 6/21/2017. (kpf)