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04-099 - USA v. Ross


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04-099 - USA v. Ross
February 3, 2006
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ORDER denying 59 Motion in Limine, or in the alternative, motion to suppress evidence relating to his guilty plea in state court as to Wendell Ross. The DVD of the 7/1/04 Ohio State guilty plea before Judge Guy Guckenberger shall be made part of the record as exhibit one to this memorandum opinion and order. The DVD has been manually filed. . Signed by Judge David Bunning on 2/1/06. (wam, )
February 14, 2006
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ORDER denying 64 Motion in Limine to permitt his state court counsel to testify at trial as to Wendell Ross (1). Signed by Judge David Bunning on 2/14/06. (wam, )
December 1, 2010
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REPORT AND RECOMMENDATIONS - Because the United States surrendered possession of the cash pursuant to a facially valid judgment of a court of record, the Motion should be denied as to the cash. The Magistrate Judge recommends that the Motion be granted as to the cell phones if they are found. If they are not found, the Magistrate Judge will make a supplemental report when the United States files its supplemental response. Objections to R&R due by 12/20/2010. Signed by Magistrate Judge Michael R Merz on 12/1/2010. (kpf1)
December 8, 2010
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REPORT AND RECOMMENDATIONS - Mr. Ross first Ground for Relief is procedurally defaulted and, alternatively, without merit. Mr. Ross' second Ground for Relief, ineffective assistance of trial counsel and/or ineffective assistance of appellate counsel, is also without merit. Therefore the § 2255 Motion should be denied with prejudice. Because reasonable jurists would not disagree with this conclusion, Mr. Ross should be denied any requested certificate of appealability. The Court should likewise certify that any appeal would be objectively frivolous and should not proceed in forma pauperis. Objections to R&R due by 12/27/2010. Signed by Magistrate Judge Michael R Merz on 12/8/2010. (kpf1)
December 20, 2010
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DECISION AND ORDER ON DEFENDANT'S MOTION TO AMEND - Defendant's Motion to Amend and Supplement § 2255 Motion (Doc. No. 129) is denied as (1) barred by the statute of limitations and (2) without merit. Signed by Magistrate Judge Michael R Merz on 12/17/2010. (kpf1)
January 4, 2011
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DECISION AND ORDER DENYING DEFENDANTS SECOND MOTION TO AMENDAND SUPPLEMENT - Defendant's second Motion to Amend and Supplement § 2255 Motion (Doc. No. 132) is denied. Signed by Magistrate Judge Michael R Merz on 1/4/2011. (kpf1)
July 25, 2012
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REPORT AND RECOMMENDATIONS as to Wendell Ross re 142 MOTION to Vacate under 28 U.S.C. 2255. Because the instant 2255 Motion is a second such motion within the meaning of 28 U.S.C. 2255(h), this Court lacks jurisdiction to consider it without a certificate from the Court of Appeals. The Motion should therefore be dismissed without prejudice for lack of jurisdiction. Objections to R&R due by 8/13/2012. Signed by Magistrate Judge Michael R Merz on 07/25/2012. (kf)
August 19, 2016
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ORDER CONTINUING STAY as to Wendell Ross - The stay of this case is continued in place pending decision of Beckles by the Supreme Court. Signed by Magistrate Judge Michael R. Merz on 8/18/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 8, 2017
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ORDER VACATING STAY; REPORT AND RECOMMENDATIONS as to Wendell Ross It is therefore respectfully recommended that Defendants Third § 2255 Motion (ECF No. 150) 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.)
March 28, 2017
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ORDER adopting 155 Report and Recommendations and dismissing with prejudice 150 Motion to Vacate (2255) as to Wendell Ross (1). Signed by Judge Susan J. Dlott on 3/28/17. (sct) Civil Case 1:16-cv-00602-SJD closed.
July 11, 2017
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REPORT AND RECOMMENDATIONS ON CERTIFICATE OF APPEALABILITY as to Wendell Ross - Because Beckles covers this case and the Supreme Court has not indicated any intention of backing away from that decision, reasonable jurists would not disagree with this Court's conclusion. Therefore Mr. Ross should be denied a certificate of appealability. Objections to R&R due by 7/25/2017. Signed by Magistrate Judge Michael R. Merz on 7/11/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 21, 2017
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SUBSTITUTED REPORT AND RECOMMENDATIONS ON CERTIFICATE OF APPEALABILITY as to Wendell Ross - It is respectfully recommended that the motion for a certificate of appealability be DENIED. Objections to R&R due by 8/4/2017. Signed by Magistrate Judge Michael R. Merz on 7/21/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 14, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Wendell Ross for 170 Report and Recommendations. Accordingly, defendant's 168 motion for certificate of appealability is denied Signed by Judge Susan J. Dlott on 8/14/17. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)