Skip to content.
About GPO   |   Newsroom/Media   |   Congressional Relations   |   Inspector General   |   Careers   |   Contact   |   askGPO   |   Help  
 

  FDsys > More Information
(Search string is required)
 

05-068 - USA v. Letner et al


Download Files

Metadata

Document in Context
05-068 - USA v. Letner et al
January 9, 2015
PDF | More
REPORT AND RECOMMENDATIONS as to David C. Letner - It is respectfully recommended that the Motion for Relief under 28 U.S.C. § 2255 be dismissed without prejudice for failure to state a claim on which relief can be granted. 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 1/26/2015. Signed by Magistrate Judge Michael R Merz on 1/9/2015. (kpf1)(This document has been sent by the Clerks Office by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 3, 2015
PDF | More
SUBSTITUTED REPORT AND RECOMMENDATIONS as to David C. Letner - Because the Objections attempt to state a claim for relief on the basis of ineffective assistance of trial counsel, the prior Report and Recommendations are WITHDRAWN. It is respectfully recommended that the § 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 formapauperis. Objections to R&R due by 2/20/2015. Signed by Magistrate Judge Michael R Merz on 2/3/2015. (kpf1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 4, 2015
PDF | More
ENTRY AND ORDER OVERRULING LETNER'S OBJECTIONS (Doc. 103) TO THE MAGISTRATE JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS (Doc. 101); ADOPTING THE MAGISTRATE JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS IN ITSENTIRETY; DISMISSING LETNER'S § 2255 MOTION (Doc. 97) WITHPREJUDICE; DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY AND CERTIFYING THAT AN APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Thomas M Rose on 3/4/15. (ep)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 27, 2016
PDF | More
DECISION AND ORDER DENYING MOTION TO HOLD IN ABEYANCE as to David C. Letner (1) - Defendant's Motion to Hold the § 2255 Motion in Abeyance pending a decision by the Sixth Circuit Court of Appeals for permission to file a second or successive § 2255 motion (ECF No. 109) is DENIED. The Magistrate Judge respectfully suggests that Defendant's counsel voluntarily withdraw his request to the Sixth Circuit for permission to file a second-or-successive motion. The Court will proceed with initial review of the instant § 2255 Motion under the Rules Governing § 2255 Motions. Signed by Magistrate Judge Michael R. Merz on 6/27/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 30, 2016
PDF | More
TRANSFER ORDER as to David C. Letner; Accordingly, this case is ordered TRANSFERRED to the United States Court of Appeals for the Sixth Circuit for a determination of whether Mr. Letner can proceed. Both the Amended Motion to Vacate (ECF No. 110) and the Motion to Dismiss (ECF No. 114) will be TERMINATED on the docket of this Court. Signed by Magistrate Judge Michael R. Merz on 08/30/16. (kma)