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07-205 - USA v. Avery


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07-205 - USA v. Avery
December 4, 2015
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DECISION AND ORDER - Furthermore, the Court appoints counsel in § 2255 cases only if it determines that an evidentiary hearing is needed. Therefore the Motion is DENIED without prejudice to the merits of a completed § 2255 Motion and appointment of counsel if an evidentiary hearing is needed onthat motion. RE: 38 Motion as to Edwin Arthur Avery (1). Signed by Magistrate Judge Michael R. Merz on 12/4/2015. (srb)
January 5, 2016
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REPORT AND RECOMMENDATIONS as to Edwin Arthur Avery - It is respectfully recommended that the § 2255 Motion be dismissed with prejudice. Because reasonable jurists would not disagree with this conclusion, it is also recommended that Avery be denied a certificate of appealability and the Court certify that any appeal would be frivolous and should not be permitted to proceed in forma pauperis. Objections to R&R due by 1/22/2016 Signed by Magistrate Judge Michael R. Merz on 1/5/2016. (kpf)
January 29, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - It is again respectfully recommended that Avery's § 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 2/16/2016. Signed by Magistrate Judge Michael R. Merz on 1/29/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 24, 2016
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ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS 45 as to Edwin Arthur Avery - It is ordered that the 2255 Motion 41 be DISMISSED with prejudice. Petitioner is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 2-24-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 28, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that Defendant's Second Motion to Vacate 48 should 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 1/11/2017. Signed by Magistrate Judge Michael R. Merz on 12/28/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 20, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Edwin Arthur Avery - It is hereby ORDERED that Defendant's Second § 2255 Motion 48 be DISMISSED with prejudice. Defendant is DENIED any requested certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appealwould be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Thomas M. Rose on 1-20-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 1, 2017
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REPORT AND RECOMMENDATIONS ON MOTION TO AMEND THE JUDGMENT - Upon reconsideration in light of the Objections, it is again respectfully recommended that Mr. Avery's Second § 2255 Motion be DISMISSED WITH PREJUDICE. Reasonable jurists could disagree with the conclusion that a person in Mr. Avery's position is not entitled to the benefit of the doubt about whether an ambiguous prior conviction was or was not under a statute that qualifies under ACCA after Johnson. Mr. Avery should be granted a certificate of appealability on that question, but otherwise denied such a certificate. Objections to R&R due by 3/15/2017. Signed by Magistrate Judge Michael R. Merz on 3/1/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 4, 2017
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DECISION AND ENTRY ADOPTING REPORT AND RECOMMENDATIONS 62), OVERRULING PETITIONER'S OBJECTIONS TO MAGISTRATE'S REPORT AND RECOMMENDATIONS 63, DENYING MOTION FOR RECONSIDERATION 60. THE INSTANT CASE REMAINS TERMINATED, HOWEVER, THE CLERK IS TO ISSUE A CERTIFICATE OF APPEALABILITY ON WHETHER A PERSON IN DEFENDANT'S POSITION IS ENTITLED TO THE BENEFIT OF THE DOUBT ABOUT WHETHER AN AMBIGUOUS PRIOR CONVICTION WAS OR WAS NOT UNDER A STATUTE THAT QUALIFIES UNDER ACCA AFTER JOHNSON. Signed by Judge Thomas M. Rose on 5-4-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)