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13-016 - USA v. Napier

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13-016 - USA v. Napier
November 7, 2016
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REPORT AND RECOMMENDATIONS as to James O Napier - 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 11/25/2016. Signed by Magistrate Judge Michael R. Merz on 11/7/2016. (kpf)
December 5, 2016
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ORDER by Judge Susan J. Dlott adopting the report and recommendation and the motion to vacate is dismissed with prejudice. (vp) Civil Case 1:16-cv-00569-SJD closed. Modified on 12/13/2016 (wam).