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11-014 - USA v. Brunsman


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11-014 - USA v. Brunsman
May 22, 2013
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DECISION AND ORDER - Upon the facts proposed to be pled, Defendant's proposed additional grounds for relief fail to state a claim upon which relief can be granted under 28 U.S.C. § 2255. The Motion to Amend is DENIED. Signed by Magistrate Judge Michael R Merz on 5/22/2013. (kpf1)
July 2, 2013
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REPORT AND RECOMMENDATIONS ON MOTION FOR RECUSAL as to Richard T Brunsman, Jr - For the same reason given inthe Decision and Order on the Motion to Amend, the Motion for Recusal should be denied. Objections to R&R due by 7/19/2013. Signed by Magistrate Judge Michael R Merz on 7/2/2013. (kpf1)
July 25, 2013
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Richard T Brunsman, Jr - Brunsman sought and obtained the recusal of three District Judges in this case prejudgment. Because his counsel effectively waived any possible disqualification of Chief Judge Dlott, Brunsman should not be permitted to upset his conviction with another disqualification, this time post-judgment. Brunsmans Objections to the Decision and Order (Doc. No. 55) and to the Report and Recommendations on Motion for Recusal (Doc. No. 61) should be overruled. Objections to R&R due by 8/12/2013. Signed by Magistrate Judge Michael R Merz on 07/25/13. (pb1)
January 27, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Richard T Brunsman, Jr. The Magistrate Judge's Decision and Order denying leave to amend is AFFIRMED. Defendant's Objections to the Reports and Recommendations are OVERRULED and the 58 Motion for Recusal is DENIED. Signed by Chief Judge Susan J. Dlott on 1/28/14. (lk)
September 23, 2014
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DECISION AND ORDER - Defendant's Third Motion for Leave of Court to Amend his Motion to Vacate, Set Aside, or Correct his Sentence under 28 U.S.C. § 2255 (Doc. No. 74) is GRANTED. Not later than October 1, 2014, Defendant shall file a pleading denominated "Defendant's First Amended Motion to Vacate Under 28 U.S.C. § 2255," incorporating all claims for relief which the Court has permitted to proceed. The United States shall file an answer to the First Amended Motion under Rule 5 of the Rules Governing § 2255 Motions not later than October 15, 2014, and Defendant shall file a reply under the same Rule not later than November 1, 2014. Signed by Magistrate Judge Michael R Merz on 9/23/2014. (kpf1)
May 25, 2016
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REPORT AND RECOMMENDATIONS ON THE MERITS - It is respectfully recommended that the Motion to Vacate be GRANTED as to Ground Two and DENIED as to Grounds One, Three, and Five. Because reasonable jurists would not disagree with the conclusion as to Grounds One, Three, and Five, Petitioner should be denied a certificate of appealability on those Grounds 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 6/13/2016. Signed by Magistrate Judge Michael R. Merz on 5/25/2016. (kpf)
May 26, 2016
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AMENDED REPORT AND RECOMMENDATIONS ON THE MERITS - It is respectfully recommended that the Motion to Vacate be GRANTED as to Ground Three and DENIED as to Grounds One, Two, and Five. Because reasonable jurists would not disagree with the conclusion as to Grounds One, Two, and Five, Petitioner should be denied a certificate of appealability on those Grounds 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 6/13/2016. Signed by Magistrate Judge Michael R. Merz on 5/26.2016. (kpf)
February 1, 2017
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DECISION AND ORDER ADOPTING 111 REPORT AND RECOMMENDATIONS as to Richard T Brunsman, Jr. The Objections of the United States to the Report are OVERRULED and the Report is ADOPTED. Defendants sentence is VACATED and the case will be set for re-sentencing. Signed by Judge Susan J. Dlott on 2/1/17. (eh)