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13-025 - USA v. Rembert et al


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13-025 - USA v. Rembert et al
June 10, 2016
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REPORT AND RECOMMENDATIONS as to Brien Champion - It is respectfully recommended that Champion's § 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 6/27/2016. Signed by Magistrate Judge Michael R. Merz on 6/10/2016. (kpf)
July 7, 2016
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ORDER by Judge Susan J. Dlott adopting the Report and Recommendation (Doc. 606); defendant's motion to vacate (Doc. 604) is dismissed with prejudice; defendant is denied any requested certificate of appealability and the Court hereby certifies to the USSC that an appeal will be objectively frivolous and should not be permitted to proceed ifp. (vp) Civil Case 1:16-cv-00610-SJD closed.
July 8, 2016
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REPORT AND RECOMMENDATIONS as to Frederick Benton III - It is respectfully recommended that the instant § 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 7/25/2016. Signed by Magistrate Judge Michael R. Merz on 1:13-cr-25. (kpf)
August 8, 2016
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REPORT AND RECOMMENDATIONS as to Brien Champion - Champion's Motion to Alter the Judgment (ECF No. 618) is without merit and should be DENIED. Objections to R&R due by 8/25/2016 Signed by Magistrate Judge Michael R. Merz on 8/8/2016. (kpf)
August 30, 2016
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REPORT AND RECOMMENDATIONS as to Eric Brock - The Magistrate Judge respectfully recommends Mr. Brock's § 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. Brock's Motions to Appoint Counsel (ECF No. 626) and for a Transcript (ECF No. 628) are DENIED as moot. Objections to R&R due by 9/16/2016 Signed by Magistrate Judge Michael R. Merz on 8/30/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 16, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Brien Champion for 620 Report and Recommendations; accordingly 618 Motion to Alter Judgment filed by Brien Champion is denied Signed by Judge Susan J. Dlott on 9/16/16. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 20, 2016
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ORDER ADOPTING 610 REPORT AND RECOMMENDATIONS as to Frederick Benton III. The §2255 motion (doc. 607) is DISMISSED with prejudice. Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal will be objectively frivolous and therefore will not be permitted to proceed in forma pauperis. Signed by Judge Susan J. Dlott on 9/20/16. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 19, 2016
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REPORT AND RECOMMENDATIONS; ORDER DENYING APPOINTMENT OF COUNSEL - it is respectfully recommended that Mr. Brock's Motion to Vacate 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. Brock's Motion for appointment of counsel (ECF No. 637) is DENIED as moot.Objections to R&R due by 11/7/2016. Signed by Magistrate Judge Michael R. Merz on 10/19/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 14, 2016
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REPORT AND RECOMMENDATIONS TO DENY OUT OF TIME DIRECT APPEAL as to Casey Brock - Defendant Casey Brock's Petition for Out of Time Direct Appeal (ECF No. 645) should be DENIED. Objections to R&R due by 12/1/2016 Signed by Magistrate Judge Michael R. Merz on 11/11/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 5, 2016
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ORDER by Judge Susan J. Dlott; the Court rejects the Magistrate Judge's finding of what the sentencing guideline range was in this case or would have been with a two-level downward adjustment for a minor role. Mr. Brock's other objections are not well taken and are overruled; the remainder of the Report is adopted; the motion to vacate is dismissed with prejudice;. (vp)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Civil Case 1:16-cv-00881-SJD closed.
February 1, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS ON THE MERITS AND ON MOTION FOR OUT OF TIME DIRECT APPEAL signed by Judge Susan J. Dlott on 2/1/17. Mr. Brock's Objections are not well taken and are OVERRULED. The Magistrate Judge's Report and Recommendation is ADOPTED and the § 2255 Motion is DISMISSED WITH PREJUDICE. Because reasonable jurists would not disagree with this conclusion, Petitioner is denied a certificate of appealability and the Court certifies to the Sixth Circuit that any appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. The case is also before the Court on Defendant's 645 Petition for Out- of-Time Direct Appeal. The 647 Report and Recommendations to deny the Petition is ADOPTED and the Petition for Out-of-Time Direct Appeals is DENIED. (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)