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07-183 - USA v. Pierce et al


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07-183 - USA v. Pierce et al
March 15, 2012
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REPORT AND RECOMMENDATIONS as to Antonio Pierce {1}. It is respectfully recommended that the §2255 Motion be denied with prejudice. Because reasonable jurists would not disagree with this conclusion, Defendant should be denied any requested certificate of appealability and the Court should certify to the SixthCircuit that any appeal would not be taken in objective good faith. Objections to R&R due by 4/2/2012. Signed by Magistrate Judge Michael R Merz on 3/14/2012. (mdf1)
September 28, 2012
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 387) IN THEIR ENTIRETY; OVERRULING DEFENDANT'S OBJECTIONS THERETO (Doc. 390); DISMISSING WITH PREJUDICE DEFENDANT'S MOTION TO VACATE SENTENCE UNDER 28 U.S.C. 2255 (Doc. 363); DENYING ANTICIPATED REQUEST FOR CERTIFICATE OF APPEALABILITY AND MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS; TERMINATION ENTRY. Signed by Judge Walter H Rice on 9/27/2012. (kje1)
July 8, 2016
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REPORT AND RECOMMENDATIONS as to Jerry Brown - It is respectfully recommended that the instant § 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 forma pauperis. Objections to R&R due by 7/25/2016. Signed by Magistrate Judge Michael R. Merz on 7/8/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 15, 2016
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REPORT AND RECOMMENDATIONS as to Jerry Brown - The prior recommendation that the § 2255 Motion be dismissed with prejudice is WITHDRAWN and the Magistrate Judge recommends this case be stayed pending the decision of the Supreme Court in Beckles. Objections to R&R due by 9/1/2016 Signed by Magistrate Judge Michael R. Merz on 8/15/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 8, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS AND STAYING PROCEEDINGS as to Jerry Brown Signed by Judge Walter H. Rice on 9/8/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 8, 2017
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ORDER VACATING STAY; REPORT AND RECOMMENDATIONS - Accordingly, the stay of proceedings herein is VACATED. Moreover, the Supreme Court decided Beckles in a way that is fatal to Mr. Browns claim by deciding that the [Sentencing] Guidelines are not subject to a vagueness challenge under the Due Process Clause. The residual clause in §4B1.2(a)(2) therefore is not void for vagueness. Id. at *11. It is therefore respectfully recommended that Defendants § 2255 Motion (ECF No. 442) be dismissed with prejudice for failure to state a claim upon which relief can be granted under 28 U.S.C. § 2255. Objections to R&R due by 3/22/2017) Signed by Magistrate Judge Michael R. Merz on 3/8/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 23, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS Accordingly, it is hereby ORDERED that Defendant' s § 2255 Motion (ECF No. 442) be dismissed with prejudice for failure to state a claim upon which relief can be granted under 28 U.S.C. § 2255. as to Jerry Brown. Signed by Judge Walter H. Rice on 3/23/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)