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05-075 - USA v. Lee et al


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05-075 - USA v. Lee et al
June 5, 2008
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REPORT AND RECOMMENDATIONS that the 46 MOTION should be denied. Because it is in the nature of a request for habeas corpus relief, Defendant Chuckie Lee cannot appeal without a certificate of appealability. However, reasonable jurists would not disagree that the Motion is without merit and Defendant should therefore be denied a certificate of appealability as well as any request to appeal in forma pauperis. Objections to R&R due by 6/23/2008. Signed by Chief Magistrate Judge Michael R Merz on 6/5/2008. (sc1, )
July 17, 2008
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE (DOC. 47 ) IN THEIR ENTIRETY, AND OVERRULING THE DEFENDANTS OBJECTIONS (DOC. 48 ) THERETO; DEFENDANTS MOTION ENTITLED "APPEAL PURSUANT TO RULE 60-B(4)" (DOC. 46 ) OVERRULED; CERTIFICATE OF APPEALABILITY AND ANTICIPATED REQUEST TO APPEAL IN FORMA PAUPERIS DENIED; JUDGMENT TO ENTER ACCORDINGLY; TERMINATION ENTRY as to Chuckie Lee. Signed by Judge Walter H Rice on 7/17/2008. (sc1, )