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03-128 - USA v. Smith


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03-128 - USA v. Smith
June 4, 2008
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REPORT AND RECOMMENDATIONS that Defendant's 96 MOTION to Vacate under 28 U.S.C. 2255 is without merit and should be denied with prejudice. Because reasonable jurists would not disagree with this conclusion, Defendant Timothy Smith should be denied leave to appeal in forma pauperis and any requested certificate of appealability. Objections to R&R due by 6/23/2008. Signed by Chief Magistrate Judge Michael R Merz on 6/4/2008. (sc1, )
July 7, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS as to Timothy Smith for 101 Report and Recommendations. Accordingly, it is therefore Ordered that Dft's motion to vacate 96 Motion to Vacate (2255) is denied with prejudice. Dft is is likewise denied leave to appeal IFP and any requested certificate of appealability. (wam1, ) (Additional attachment(s) added on 7/7/2008: # (1) Certified Mail Receipt) (wam1, ). Modified docket text on 7/7/2008 (scot1, ).
July 22, 2008
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REPORT AND RECOMMENDATIONS that the 105 MOTION for Leave to Appeal In Forma Pauperis should be denied as to Timothy Smith. Objections to R&R due by 8/8/2008. Signed by Chief Magistrate Judge Michael R Merz on 7/22/2008. (sc1, )
September 24, 2008
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ORDER by Judge Susan J. Dlott ADOPTING REPORT AND RECOMMENDATIONS as to Timothy Smith for 106 Report and Recommendations. Accordingly 105 Motion for Leave to Appeal In Forma Pauperis filed by Timothy Smith is DENIED. (wam1, ) Modified docket text on 9/25/2008 (scot1, ).