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09-180 - USA v. McGuire et al


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09-180 - USA v. McGuire et al
February 15, 2011
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DECISION AND ENTRY OVERRULING DEFENDANTS' MOTIONS TO SUPPRESS IDENTIFICATION TESTIMONY (DOCS 28, 32 AND 53). Signed by Judge Walter H Rice on 2/14/2011. (mdf1)DECISION AND ENTRY OVERRULING DEFENDANTS' MOTIONS TO SUPPRESS IDENTIFICATION TESTIMONY (DOCS 28, 32 AND 53). Signed by Judge Walter H Rice on 2/14/2011. (mdf1)DECISION AND ENTRY OVERRULING DEFENDANTS' MOTIONS TO SUPPRESS IDENTIFICATION TESTIMONY (DOCS 28, 32 AND 53). Signed by Judge Walter H Rice on 2/14/2011. (mdf1)
March 25, 2011
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REPORT AND RECOMMENDATIONS as to Dammon McGuire {1}. It is recommended that the Court accept the plea of guilty to Count Six of the Indictment and find Defendant guilty as charged in such Count of Brandishing of a Firearm During and in Relation to a Crime of Violence in violation of 18 U.S.C. §924(c). Pending the Court's acceptance of Defendant's plea, Defendant has been referred to the Probation Department for a pre-sentence investigation and he was remanded to the custody of the United States Marshal. Objections to R&R due by 4/11/2011. Signed by Magistrate Judge Sharon L Ovington on 3/25/2011. (mdf1)
April 14, 2011
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ORDER adopting 90 Report and Recommendations as to Dammon McGuire (1). Signed by Judge Walter H Rice on 4/14/2011. (mdf1)
July 8, 2016
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REPORT AND RECOMMENDATIONS as to Turrell Justice - 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)
August 9, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Turrell Justice - Having reconsidered the matter in light of the Objections, the Magistrate Judge again recommends the § 2255 Motion be DISMISSED WITH PREJUDICE. Because Defendant has not shown that reasonable jurists, including without limitation Chief Judge Sargus, would disagree with this conclusion, Defendant 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 8/26/2016. Signed by Magistrate Judge Michael R. Merz on 8/9/2016. (kpf)
August 26, 2016
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Turrell Justice - The Supplemental Objections are persuasive on the issue of a certificate of appealability. The prior recommendation that a certificate should not be issued is WITHDRAWN. Because reasonable jurists could disagree with the Magistrate Judge's analysis on the merits, Petitioner should be granted a certificate of appealability on his sole Ground for Relief. Objections to R&R due by 9/12/2016 Signed by Magistrate Judge Michael R. Merz on 8/26/2016. (kpf)
March 31, 2017
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DECISION AND ENTRY ADOPTING IN THEIR ENTIRETIES INITIAL (DOC. #146) AND FIRST SUPPLEMENTAL (DOC. #148) REPORTS AND RECOMMENDATIONS OF UNITED STATES MAGISTRATE JUDGE, AND OVERRULING DEFENDANT TURRELL JUSTICE'S OBJECTIONS THERETO (DOC. #147, 150); REJECTING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. #152) AS TO RECOMMENDATION THAT DEFENDANT BE GRANTED A CERTIFICATE OF APPEALABILITY, ADOPTING SAID REPORT AND RECOMMENDATIONS IN ALL OTHER RESPECTS, AND SUSTAINING OBJECTIONS OF PLAINTIFF UNITED STATES OF AMERICA (DOC. #153) THERETO; DEFENDANT'S MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. § 2255 (DOC. #144) IS DISMISSED WITH PREJUDICE; BECAUSE REASONABLE JURISTS WOULD NOT DISAGREE WITH THIS CONCLUSION, AND DEFENDANT HAS NOT MADE A SUBSTANTIAL SHOWING OF A DENIAL OF A CONSTITUTIONAL RIGHT, HE SHALL NOT BE GRANTED CERTIFICATE OF APPEALABILITY; AS ANY APPEAL WOULD BE OBJECTIVELY FRIVOLOUS, DEFENDANT SHOULD NOT BE PERMITTED LEAVE TO APPEAL IN FORMA PAUPERIS; TERMINATION ENTRY as to Turrell Justice. Signed by Judge Walter H. Rice on 3/31/17. (pb)