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12-127 - USA v. Mateo et al


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12-127 - USA v. Mateo et al
June 28, 2017
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NOTICE TO THE SIXTH CIRCUIT; REPORT AND RECOMMENDATIONS as to Carlos Mateo re 94 MOTION to Vacate under 28 U.S.C. 2255 - Mateo has not shown that his sentence was enhanced by predicate convictions which at the time of sentencing did not qualify as controlled substance felonies, nor has Mateo shown that Mathis applies retroactively. His ยง 2255 Motion should therefore 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 proceedin forma pauperis. Objections to R&R due by 7/12/2017 Signed by Magistrate Judge Michael R. Merz on 6/28/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 24, 2017
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ORDER adopting 97Report and Recommendations: it is hereby ORDERED that the ' 2255 Petition be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Susan J. Dlott on 8/24/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Civil Case 1:17-cv-00436-SJD closed.