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06-084 - USA v. McDaniel


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06-084 - USA v. McDaniel
May 29, 2007
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ORDER by Judge Susan J. Dlottdenying 18 Motion to Suppress as to Shawn McDaniel (1) (wam, )
June 2, 2008
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ORDER by Judge Susan J. Dlott GRANTING 59 Defendant's Motion for Reconsideration re 44 Order denying Motion to Suppress. The Court VACATES the order denying the motion to suppress and GRANTS defendant's motion to suppress 1842. (wam1, )
June 11, 2013
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REPORT AND RECOMMENDATIONS as to Shawn McDaniel - It is respectfully recommended that the Motion to Vacate be granted, that Defendant's sentence be vacated, and that Defendant be resentenced under the Fair Sentencing Act. Objections to R&R due by 6/28/2013. Signed by Magistrate Judge Michael R Merz on 6/11/2013. (kpf1)
July 1, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Shawn McDaniel for 120 Report and Recommendations. Accordingly 115 Motion to Vacate (2255) filed by Shawn McDaniel is granted. Signed by Chief Judge Susan J. Dlott. (wam1)
June 28, 2016
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REPORT AND RECOMMENDATIONS as to Shawn McDaniel - It is respectfully recommended that the ยง 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 7/15/2016. Signed by Magistrate Judge Michael R. Merz on 6/28/2016. (kpf)
July 26, 2016
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REPORT AND RECOMMENDATIONS - Having reviewed the case in light of the Objections, the Magistrate Judge again respectfully recommends the 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 8/12/2016 Signed by Magistrate Judge Michael R. Merz on 7/26/2016. (kpf)
September 9, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Shawn McDaniel for 143 Report and Recommendations. It is therefore Ordered that Mr. McDaniel's 136 Motion to Vacate (2255) is dismissed with prejudice. McDaniel's is denied a certificate of appealability and the Court certifies to the Sixth Circuit than any appeal would be objectively frivolous and therefore should not be permitted to proceed IFP Signed by Judge Susan J. Dlott on 9/9/16. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)