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06-061 - USA v. Hunter et al


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06-061 - USA v. Hunter et al
August 13, 2013
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DECISION AND ORDER - 153 - Based on the foregoing analysis, Hunter's Motion to Amend is DENIED as to Christopher Joseph Hunter(1). Signed by Magistrate Judge Michael R Merz on 8/13/2013. (kje1)
August 30, 2013
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REPORT AND RECOMMENDATIONS as to Christopher Joseph Hunter - With the exception of Ground Two, the Motion to Vacate raises no factual disputes which require an evidentiary hearing to resolve. The Motion for Evidentiary Hearing as to all Grounds for Relief except Ground Two is denied. The Motion for Evidentiary Hearing as to Ground Two is granted on the condition that Hunter files the affidavit required by this Order. Apart from Ground Two, it is respectfully recommended that the 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. Objections to R&R due by 9/16/2013. Signed by Magistrate Judge Michael R Merz on 8/30/2013. (kpf1)
September 5, 2013
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SUPPLEMENTAL MEMORANDUM OPINION ON MOTIONS TO AMEND as to Christopher Joseph Hunter - Both of Hunter's Motions to Amend are untimely and the claims they seek to add do not relate back to the original filing date because they are based on different facts. But even if the Motions to Amend were granted, the added claims could not withstand a motion to dismiss for failure to state a claim upon which relief can be granted. The Motions to Amend should be denied. Because reasonable jurists would not disagree with this conclusion, Petitioner should be denied a certificate of appealability as to the proposed amendments. Signed by Magistrate Judge Michael R Merz on 9/5/2013. (kpf1)
October 29, 2013
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ENTRY AND ORDER OVERRULING HUNTER'S OBJECTIONS 156 157 and 165 TO THE MAGISTRATE JUDGE'S ORDERS REGARDING HUNTER'S MOTION TO AMEND 148154 and 160; OVERRULING HUNTER'S OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING HUNTER'S § 2255 MOTION 163; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING HUNTER'S § 2255 MOTION IN ITS ENTIRETY; DISMISSING HUNTER'S § 2255 MOTION EXCEPT FOR GROUND TWO; DENYING HUNTER A CERTIFICATE OF APPEALABILITY OF THIS FINDING AND CERTIFYING THAT AN APPEAL OF THIS FINDING WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Thomas M Rose on 10/29/13. (ep)
August 24, 2015
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REPORT AND RECOMMENDATIONS - It is respectfully recommended the Court enter judgment dismissing the § 2255 Motion with prejudice. Dismissal of Grounds One and Three through Nine is in accordance with the Court's prior decision. Because reasonable jurists would not disagree with the Court's conclusion on those Grounds, Petitioner should be denied a certificate of appealability on them. Because the analysis of Ground Two is completely dependent on etermining credibility, reasonable jurists could disagree with the recommended resolution of that claim and Hunter should be granted a certificate of appealability on Ground Two. He is entitled to proceed on appeal in forma pauperis. Objections to R&R due by 9/11/2015. Signed by Magistrate Judge Michael R. Merz on 8/24/2015. (kpf)
September 10, 2015
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ORDER REGARDING MOTION FOR SENTENCE REDUCTION PURSUANT TO USSC AMENDMENT - Sentenced reduced as to Christopher Joseph Hunter. As to Count 1s, Defendant is remanded to the custody of the United States Bureau of Prisons for a term of 324 months, a term of 240 months in Count 2s and a term of 120 months in Count 4s. Counts 1s,2s, and 4s are to be served concurrently to each other and consecutively to Count 3s for a total sentence of 384 months. S/R of 5 years in Count 1s, 5 years in Count 2s, 5 years in Count 3s, and 3 years in Count 4s, all to be served concurrently to each other. No restitution. No fine. $400.00 S/A to be paid immediately ($100.00 on each count). Signed by Judge Thomas M. Rose on 9/9/15. (ep)
September 22, 2015
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AMENDED JUDGMENT REDUCING SENTENCE - (USSC Amendment) as to Christopher Joseph Hunter (1), Count(s) 1s, USBOP for a period of 324 months in count 1s, for a period of 240 months in count 2s and for a period of 120 months in count 4s. Counts 1s,2s, and 4s are to be served concurrently to each other for a total sentence of 324 months. S/R of 5 years in count 1s, 5 years in count 2s, and 3 years in count 4s, all to be served concurrently to each other. No restitution. No fine. $300.00 S/A to be paid immediately ($100.00 on each count). Signed by Judge Thomas M. Rose on 9/22/15. (ep) Modified on 9/22/2015 (ep).
November 23, 2015
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DECISION AND ORDER - Defendants Motion to Amend (ECF No. 220) is DENIED. Signed by Magistrate Judge Michael R. Merz on 11/23/2015. (kpf)
December 23, 2015
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SUPPLEMENTAL MEMORANDUM ON POST-HEARING MOTION TO AMEND as to Christopher Joseph Hunter - The Magistrate Judge respectfully recommends that Hunter's Objections (ECF No. 223) be OVERRULED. Signed by Magistrate Judge Michael R. Merz on 12/23/2015. (kpf)
February 11, 2016
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ENTRY AND ORDER AFFIRMING DECISION AND ORDER 222 DENYING DEFENDANT'S MOTION TO AMEND 220. Signed by Judge Thomas M. Rose on 2-11-2016. (de)ENTRY AND ORDER AFFIRMING DECISION AND ORDER 222 DENYING DEFENDANT'S MOTION TO AMEND 220. Signed by Judge Thomas M. Rose on 2-11-2016. (de)