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13-108 - USA v. Caro et al


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13-108 - USA v. Caro et al
April 26, 2016
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REPORT AND RECOMMENDATIONS as to Bernardo Olivares-Cepeda - Because Defendant has pled cognizable claims of ineffective assistance of trial counsel and because such claims are not barred by procedural default for failure to raise them on direct appeal, the Government's Motion to Dismiss (ECF No. 160) should be DENIED. Objections to R&R due by 5/13/2016. Signed by Magistrate Judge Michael R. Merz on 4/26/2016. (kpf)
May 24, 2016
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ORDER by Judge Susan J. Dlott (2); denying 160 Motion to Dismiss as to Bernardo Olivares-Cepeda (2); adopting Report and Recommendations re 163 Report and Recommendations as to Bernardo Olivares-Cepeda (2) (vp) Civil Case 1:16-cv-00354-SJD closed.
November 8, 2016
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REPORT AND RECOMMENDATIONS as to Bernardo Olivares-Cepeda - Defendant's claims of ineffective assistance of trial counsel are without merit and the instant Motion should 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 11/8/2016. (kpf)
November 30, 2016
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ORDER dismissing 156 Motion to Vacate (2255) as to Bernardo Olivares-Cepeda and adopting 170 Report and Recommendations : The Report and Recommendations are ADOPTED and Defendants Motionto Vacate (ECF No. 156) is DISMISSED WITH PREJUDICE. Signed by Judge Susan J. Dlott on 11/30/2016. (jlw)
June 20, 2017
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REPORT AND RECOMMENDATIONS ON MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS as to Bernardo Olivares-Cepeda - The Magistrate Judge had already recommended certifying to the Court of Appeals that any appeal should not be permitted to proceed in forma pauperis because it would be objectively frivolous (Report, ECF No. 170). The District Court has already adopted that recommendation (ECF No. 172). It is respectfully recommended that the Court also deny the instant Motion to Appeal in forma pauperis because the Notice of Appeals is untimely. A certificate of appealability has also already been denied. Objections to R&R due by 7/5/2017. Signed by Magistrate Judge Michael R. Merz on 6/20/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 20, 2017
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ORDER ADOPTING 177 REPORT AND RECOMMENDATIONS as to Bernardo Olivares-Cepeda: The Report is ADOPTED and the Motion for Leave to Appeal in forma pauperis is DENIED Signed by Judge Susan J. Dlott on 7/20/2017. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 17, 2017
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ORDER denying 181 Motion for Reconsideration re 180 Order Adopting Report and Recommendations, as to Bernardo Olivares-Cepeda (2). Signed by Judge Susan J. Dlott on 8/17/17. (wam)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)