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13-114 - USA v. Blain


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13-114 - USA v. Blain
October 13, 2016
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REPORT AND RECOMMENDATIONS - The ยง 2255 Motion 53 should be DISMISSED WITH PREJUDICE as barred by the statute of limitations. 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 10/31/2016. Signed by Magistrate Judge Michael R. Merz on 10/13/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 27, 2016
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ORDER ADOPTING 57 REPORT AND RECOMMENDATIONS re 53 Motion to Vacate (2255) filed by Christopher A Blain: The Magistrate Judge's Report is ADOPTED and the Motion to Vacate is DIMISSED WITH PREJUDICE Signed by Judge Susan J. Dlott on 12/27/2016. (jlw)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)