Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

04-057 - USA v. Drister et al


Download Files

Metadata

Document in Context
04-057 - USA v. Drister et al
March 8, 2017
PDF | More
ORDER as to Leonard O Drister, REPORT AND RECOMMENDATIONS as to Leonard O Drister - It is therefore respectfully recommended that Defendants § 2255 Motions (ECF No. 154 & 158) 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)(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
PDF | More
ORDER ADOPTING 176 REPORT AND RECOMMENDATIONS as to Leonard O Drister for 154 Motion to Vacate (2255) filed by Leonard O Drister, 158 Motion to Vacate (2255) filed by Leonard O Drister: It is ORDERED that Defendant's 2255 Motions are dismissed with prejudice for failure to state a claim upon which relief can be granted. 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.)
April 20, 2017
PDF | More
REPORT AND RECOMMENDATIONS as to Leonard O Drister re 184 MOTION for Reconsideration of Order Adopting Report and Recommendations Objections to R&R due by 5/4/2017 Signed by Magistrate Judge Michael R. Merz on 4/19/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 22, 2017
PDF | More
ORDER ADOPTING REPORT AND RECOMMENDATIONS 186 Report and Recommendations, as to Leonard O Drister. Defendant's 184 Motion for Reconsideration filed by Leonard O Drister is DENIED Signed by Judge Susan J. Dlott on 5/22/17. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 25, 2017
PDF | More
REPORT AND RECOMMENDATIONS as to Leonard O Drister - The Magistrate Judge, however, erred in striking the Withdrawal. In this case the United States had not filed an answer or motion for summary judgment. Therefore Drister was entitled to dismiss this § 2255 proceeding without prejudice without either the Governments agreement or an order of the Court. In order to correct this error, the Magistrate Judge agrees that if Drister voluntarily dismisses his appeal, the Magistrate Judge will withdraw the Order striking the Withdrawal and allow the case to stand as dismissed without prejudice. If he declines to dismiss the appeal, he should be granted a certificate of appealability on the question presented and allowed to proceed on appeal in forma pauperis. Objections to R&R due by 6/8/2017 Signed by Magistrate Judge Michael R. Merz on 5/25/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)