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08-175 - USA v. Lewis et al


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08-175 - USA v. Lewis et al
August 26, 2011
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DECISION AND ORDER - Defendant's Motion to Vacate under 28 U.S.C. § 2255 (Doc. No. 124) is DISMISSED WITH PREJUDICE; Defendant's Motion for Bail (Doc. No. 125) is DENIED AS MOOT and Defendant's Motion for Recusal (Doc. No. 126) is DENIED. Signed by Judge Thomas M Rose on 8/26/2011. (kpf1) Civil Case 3:11-cv-00299-TMR-MJN closed.
January 10, 2012
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REPORT AND RECOMMENDATIONS ON MOTION FOR CERTIFICATE OF APPEALABILITY ON DENIAL OF MOTION TO AMEND § 2255 MOTION as to Jeremy E Lewis re 143 MOTION Entitle - For C.O.A. of Denial of Motion to Amend 2255 Petition and Motion for Extension to File for a C.O.A. under 4(a) Fed. R. App. P. Objections to R&R due by 1/27/2012. NOTICE REGARDING OBJECTIONS Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written objections to the proposed findings and recommendations within fourteen days after being served with this Report and Recommendations. Pursuant to Fed. R. Civ. P. 6(d), this period is extended to seventeen days because this Report is being served by one of the methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F). Such objections shall specify the portions of the Report objected to and shall be accompanied by a memorandum of law in support of the objections. If the Report and Recommendations are based in whole or in part upon matters occurring of record at an oral hearing, the objecting party shall promptly arrange for the transcription of the record, or such portions of it as all parties may agree upon or the Magistrate Judge deems sufficient, unless the assigned District Judge otherwise directs. A party may respond to another partys objections within fourteen days after being served with a copy thereof. Failure to make objections in accordance with this procedure may forfeit rights on appeal. See United States v. Walters, 638 F.2d 947 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140 (1985). Signed by Magistrate Judge Michael R Merz on 01/09/12. (pb1) Modified on 1/11/2012 (kf)NOTICE REGARDING OBJECTIONS added to text.
January 11, 2012
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DECISION AND ORDER DENYING SECOND MOTION FOR LEAVE TO AMEND denying 147 Motion to Amend/Correct as to Jeremy E Lewis (1). Signed by Magistrate Judge Michael R Merz on 01/11/12. (pb1)
January 30, 2012
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DECISION AND ORDER DENYING 151 THIRD MOTION TO AMEND as to Jeremy E Lewis (1). Signed by Magistrate Judge Michael R Merz on 1/30/12. (cib1)
February 10, 2012
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ENTRY AND ORDER OVERRULING LEWIS'S OBJECTIONS (Doc. #142) TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS REGARDING LEWIS'S MOTION FOR A CERTIFICATE OF APPEALABILITY REGARDING HIS RULE 60(b)MOTION TO VACATE THE COURTS JUDGMENT DISMISSING HIS §2255 MOTION; ADOPTING THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS (Doc. #141) IN ITS ENTIRETY; DENYING LEWIS A CERTIFICATE OF APPEALABILITY AND CERTIFYING THAT LEWIS'S APPEAL OF THE COURT'S RULING ON HIS RULE 60(b) MOTION TO VACATE THE COURTS JUDGMENT DISMISSING HIS §2255 MOTION IS OBJECTIVELY FRIVOLOUS as to Jeremy E Lewis. Signed by Judge Thomas M Rose on 02/10/12. (pb1)
June 21, 2012
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REPORT AND RECOMMENDATIONS as to Jeremy E Lewis re 167 Motion to Vacate. Based on the foregoing analysis, Mr. Lewis' Fed. R. Civ. P. 60(b) Motion is without merit and should be denied. He has not shown any newly-discovered evidence of actual innocence which would make his § 2255 Motion timely, he admitted in his Plea Agreement that the facts he now relies on were sufficient for conviction, and in any event he has waived his right to contest his conviction by § 2255 Motion to Vacate. Reasonable jurists would not disagree with these conclusions and Mr. Lewis should therefore be denied a certificate of appealability. This Court should certify to the Sixth Circuit that any appeal would be objectively frivolous. Objections to R&R due by 7/9/2012. Signed by Magistrate Judge Michael R Merz on 6/21/12. (cib1)
June 25, 2012
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SUPPLEMENT TO REPORT AND RECOMMENDATIONS Re: 169 Supplemental Motion in Support as to Jeremy E Lewis. Mr. Lewis has not proven actual innocence on Count 4. For this additional reason, the Motion for Relief from Judgment should be denied. Objections to R&R due by 7/12/2012. Signed by Magistrate Judge Michael R Merz on 6/23/12. (cib1) Modified on 6/26/2012 to correct document title (mdf1).
July 24, 2012
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ENTRY AND ORDER OVERRULING LEWIS'S OBJECTIONS (Doc.#171) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. #168); OVERRULING LEWIS'S OBJECTIONS (Doc. #172) TO THE MAGISTRATE JUDGE'S SUPPLEMENTAL REPORT AND RECOMMENDATIONS (Doc. #170); ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS IN THEIR ENTIRETY; DENYING LEWIS'S MOTION FOR RELIEF FROM JUDGMENT (Doc. #167); CERTIFYING THAT AN APPEAL OF THIS JUDGMENT WOULD BE OBJECTIVELY FRIVOLOUS AND DENYING A CERTIFICATE OF APPEALABILITY. Signed by Judge Thomas M Rose on 7/24/12. (cib1)
December 19, 2012
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REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - It is Recommended that 178 The Motion should be denied as barred by the law of the case. Objections to R&R due by 1/5/2013. Signed by Magistrate Judge Michael R Merz on 12/19/12. (pb1)
January 15, 2013
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - Defendant's Motion entitled "COA Certificate of Appealability Request from the Denial of Defendants Rule 60(b)" is DENIED as barred by the law of the case as to Jeremy E. Lewis. Signed by Judge Thomas M Rose on 1/15/13. (kje1)
July 12, 2013
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REPORT AND RECOMMENDATIONS - Because reasonable jurists would not disagree withthis conclusion, Petitioner should be denied a certificate of appealability on this Motion and the Court should certify to the Sixth Circuit that any appeal would be objectively frivolous as to Jeremy E Lewis. Objections to R&R due by 7/29/2013. Signed by Magistrate Judge Michael R Merz on 7/12/13. (kje1)
September 18, 2013
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REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - Defendant Lewis's "Rule 60 (b) Motion for Equitable Tolling through 'Actual Innocence' of 18 U.S.C. § 2113(e) Forced Accompaniment" (Doc. No. 192) should be denied because it is untimely. In the alternative, the Motion should be denied because it is without merit. As a second alternative, the Motion should be denied because the Motion to Vacate was barred in the first instance by Lewis's promise in the Plea Agreement not to bring a collateral attack on the judgment.Objections to R&R due by 10/7/2013. Signed by Magistrate Judge Michael R Merz on 9/18/2013. (kpf1)
September 24, 2013
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ENTRY AND ORDER OVERRULING LEWIS'S OBJECTIONS 187 TO THE MAGISTRATE JUDGES REPORT AND RECOMMENDATIONS 185 REGARDING LEWIS'S LATEST MOTION FOR RELIEF FROM JUDGMENT; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING LEWIS'S LATEST MOTION FOR RELIEF FROM JUDGMENT IN ITS ENTIRETY; DENYING LEWIS'S LATEST MOTION FOR RELIEF FROM JUDGMENT AND, BECAUSE REASONABLE JURISTS WOULD NOT DISAGREE WITH THIS CONCLUSION,DENYING LEWIS A CERTIFICATE OF APPEALABILITY ON THIS MOTION AND CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Thomas M Rose on 9/23/13. (ep) Modified to edit text on 9/26/2013 (tt).
October 7, 2013
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REPORT AND RECOMMENDATIONS ON MOTION FOR RELIEF FROM JUDGMENT UNDER Fed. R. Civ. P. 60(d) - The instant Motion, like all of Mr. Lewis' prior motions for relief from judgment, should be denied. 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 10/24/2013. Signed by Magistrate Judge Michael R Merz on 10/7/2013. (kpf1)
November 1, 2013
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ENTRY AND ORDER OVERRULING LEWIS'S OBJECTIONS 200 TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING LEWIS'S LATEST MOTION FOR RELIEF FROM JUDGMENT 198; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING LEWIS'S LATEST MOTION FOR RELIEF FROM JUDGMENT IN ITS ENTIRETY; DENYING LEWIS'S LATEST MOTION FOR RELIEF FROM JUDGMENT 197 AND, BECAUSE REASONABLE JURISTS WOULD NOT DISAGREE WITH THIS CONCLUSION, DENYING LEWIS A CERTIFICATE OF APPEALABILITY ON THIS MOTION AND CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Thomas M Rose on 10/31/13. (ep) Modified text on 11/1/2013 (tt).
April 4, 2014
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REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - Because Lewis' instant Motion is without merit, it should be denied. 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 4/21/2014. Signed by Magistrate Judge Michael R Merz on 4/4/2014. (kpf1)
May 5, 2014
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ENTRY AND ORDER OVERRULING LEWIS'S OBJECTIONS (Doc. 205) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING LEWIS'S RULE 60(b)(4)MOTION TO VACATE FOR LACK OF SUBJECT MATTER JURISDICTION UNDER ARTICLE III, SECTION 2 OF THE UNITED STATES CONSTITUTION; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 204) REGARDING LEWIS'S RULE 60(b)(4) MOTION TO VACATE FOR LACK OF SUBJECT MATTER JURISDICTION UNDER ARTICLE III, SECTION 2 OF THE UNITED STATES CONSTITUTION; DENYING LEWIS'S RULE 60(b)(4) MOTION TO VACATE FOR LACK OF SUBJECT MATTER JURISDICTION UNDER ARTICLE III, SECTION 2 OF THE UNITEDSTATES CONSTITUTION (Doc. 203) AND, BECAUSE REASONABLE JURISTS WOULD NOT DISAGREE WITH THIS CONCLUSION, DENYING LEWIS A CERTIFICATE OF APPEALABILITY ON THIS MOTION AND CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Thomas M Rose on 5.5.14. (ep)
August 18, 2014
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REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - It is accordingly recommended that Lewis' eighth Motion for Relief from Judgment under Fed. R. Civ. P. 60 be denied. 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 9/5/2014. Signed by Magistrate Judge Michael R Merz on 8/18/2014. (kpf1)
September 9, 2014
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REPORT AND RECOMMENDATIONS on Defendant Lewis's Motion to Reopen Time to File an Appeal (Doc. No. 210). Objections to R&R due by 9/26/2014. Signed by Magistrate Judge Michael R Merz on 9/9/2014. (kpf1)
September 22, 2014
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ENTRY AND ORDER OVERRULING LEWISS OBJECTIONS (Doc. 211) TO THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS REGARDING LEWIS'S SECOND RULE 60(b)(4)MOTION TO VACATE FOR LACK OF SUBJECT MATTER JURISDICTION; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (Doc. 209) REGARDING LEWIS'S SECOND RULE 60(b)(4) MOTION TO VACATE FOR LACK OF SUBJECT MATTER JURISDICTION; DENYING LEWIS'S SECOND RULE 60(b)(4) MOTION TO VACATE FOR LACK OF SUBJECT MATTER JURISDICTION (Doc. 208) AND, BECAUSE REASONABLE JURISTS WOULD NOT DISAGREE WITH THIS CONCLUSION, DENYING LEWIS A CERTIFICATE OF APPEALABILITY ON THIS MOTION AND CERTIFYING THAT ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS. Signed by Judge Thomas M Rose on 9/22/14. (ep)
October 6, 2014
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Jeremy E Lewis for 210 Motion for Miscellaneous Relief filed by Jeremy E Lewis, 212 Report and Recommendations - Defendant Lewis's Motion to Reopen Time to File an Appeal 210 is DENIED. Since this Court has already determined that any appeal would be objectively frivolous, Defendant is also DENIED any requested certificate of appealability. Signed by Judge Thomas M Rose on 10-6-2014. (de)
November 18, 2015
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REPORT AND RECOMMENDATIONS ON MOTION TO VACATE VOID JUDGMENT as to Jeremy E Lewis - Lewis's ninth Motion for Relief from Judgment is utterly without colorable merit. It should be denied. 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 12/7/2015. Signed by Magistrate Judge Michael R. Merz on 11/18/2015. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 4, 2015
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TRANSFER ORDER as to Jeremy E Lewis re 224 MOTION filed by Jeremy E Lewis - Therefore, the instant Motion (ECF No. 224) is ordered TRANSFERRED by the Clerk to the Sixth Circuit Court of Appeals for a determination of whether Lewis may proceed in this Court. Signed by Magistrate Judge Michael R. Merz on 12/4/2015. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 15, 2015
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 223- No objections were filed and the Court adopts the Report and Recommendations 223, and Defendant Lewis's Motion to Vacate Void Judgment pursuant to Fed. R. Civ. P. 60(b)(4) 222 is DENIED. 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. Signed by Judge Thomas M. Rose on 12-15-2015. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 27, 2016
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REPORT AND RECOMMENDATIONS it is respectfully recommended that Defendant Lewis's Rule 60(b)(4) Motion to Vacate for Due Process Violation (Doc. No. 230) be denied based on the law of the case. Objections to R&R due by 2/16/2016 Signed by Magistrate Judge Michael R. Merz on 1/27/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 12, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - It is again respectfully recommended that the Motion for Relief from Judgment under Fed. R. Civ. P. 60(b)(4)(ECF No. 230) be DENIED. 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 2/29/2016. Signed by Magistrate Judge Michael R. Merz on 2/12/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 1, 2016
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ORDER REGARDING PROPOSED INDEPENDENT ACTION IN EQUITY - Defendant Lewis's "Motion to Amend Rule 60(b)(4) Due Process Violation Motion and Have the Motion Alternatively Brought as a Rule 60(d) Independent Action in Equity in its Characterization" (ECF No. 236) is denied without prejudice to its refiling as an independent action. Signed by Magistrate Judge Michael R. Merz on 2/29/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
March 2, 2016
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - Lewis' eleventh Motion for Relief from Judgment should be denied. 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 3/21/2016 Signed by Magistrate Judge Michael R. Merz on 3/2/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
May 5, 2016
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ENTRY AND ORDER OVERRULING DEFENDANT'S OBJECTIONS 232, 237, 244, [245) TO THE REPORT AND RECOMMENDATIONS 231, SUPPLEMENTAL REPORT AND RECOMMENDATIONS 234, AND SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 240AND ADOPTING THOSE REPORTS AND RECOMMENDATIONS IN THEIR ENTIRETY; DENYING THE MOTION FOR RELIEF FROM JUDGMENT UNDER FED. R. CIV. P. 60(b)(4) 230; OVERRULING DEFENDANT'S OBJECTIONS 243 AND AFFIRMING THE ORDER REGARDINGPROPOSED ACTION IN EQUITY [DOC. 238]; AND TERMINATING CASE. Signed by Judge Thomas M. Rose on 5-5-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 30, 2016
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REPORT AND RECOMMENDATIONS ON MOTION FOR CERTIFICATE OF APPEALABILITY as to Jeremy E Lewis - The Clerk shall treat Lewis request for a certificate of appealalbility as a notice of appeal from the May 5, 2016, Entry and transmit the same to the Sixth Circuit. RE: 248 MOTION for Certificate of Appealability Objections to R&R due by 7/18/2016 Signed by Magistrate Judge Michael R. Merz on 6/30/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 26, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 249 as to Jeremy E Lewis. Defendant Lewis's Motion for a Certificate of Appealability 248 is hereby construed as a notice of appeal from the May 5, 2016, Entry and will be transmitted to the Sixth Circuit Court of Appeals for consideration. Signed by Judge Thomas M. Rose on 7-26-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 30, 2017
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REPORT AND RECOMMENDATIONS ON TWELFTH MOTION FOR RELIEF FROM JUDGMENT as to Jeremy E Lewis - It is respectfully recommended that Defendants Motion for Relief from Judgment under Fed. R. Civ. P. 60(b)(Doc. No. 266) be denied. Objections to R&R due by 11/13/2017. Signed by Magistrate Judge Michael R. Merz on 10/30/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 21, 2017
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ORDER regarding Motion to Dismiss 276 as to Jeremy E Lewis (1). Signed by Magistrate Judge Michael R. Merz on 11/21/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 1, 2017
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REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - It is respectfully recommended that the Motion (ECF No. 278), Lewis's fourteenth motion for relief from judgment, be DENIED. 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 12/15/2017 Signed by Magistrate Judge Michael R. Merz on 12/1/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 12, 2017
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REPORT AND RECOMMENDATIONS as to Jeremy E Lewis - It is respectfully recommended that Defendant's purported "Rule 60(d)(1) Independant [sic] Action, Actual Innocence" (ECF No. 282) be denied. 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 12/26/2017 Signed by Magistrate Judge Michael R. Merz on 12/12/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
December 27, 2017
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ORDER - finding as moot 284 Report and Recommendations as to Jeremy E Lewis (1); finding as moot 286 Motion as to Jeremy E Lewis (1) - The Clerk is hereby ORDERED to furnish Lewis with a complete pro se prisoner packet for filing an independent action. Recognizing that Lewis has very limited funds and will be required to pay the full filing fee, the Magistrate Judge repeats his warning from the prior Report: this Court is not authorizedto grant relief from a criminal judgment in an independent action under Fed. R. Civ. P. 60(d).If Lewis disregards this advice and files the 60(d) action anyway, the Court will be obliged to collect the full filing fee, but cannot grant the relief Lewis wants. The Magistrate Judge suggests Lewis may wish to consider filing for habeas corpus relief under 28 U.S.C. § 2241, without any suggestion that will be more fruitful; such a petition has only a $5.00 filing fee instead of $400. Signed by Magistrate Judge Michael R. Merz on 12/27/17. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 3, 2018
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ENTRY AND ORDER OVERRULING OBJECTIONS 283, ADOPTING REPORT AND RECOMMENDATIONS 281 AND DENYING DEFENDANT'S MOTION TO AMEND RULE 60(B)(4) LACK OF SUBJECT MATTER JURISDICTION MOTION 278. Signed by Thomas M. Rose on 1-2-2018. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)