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09-181 - USA v. Bailey et al


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09-181 - USA v. Bailey et al
March 31, 2010
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ENTRY REFERRING DEFENDANT TO DR. MASSIMO DeMARCHIS, PSY.D., PURSUANT TO 18 U.S.C. SECTIONS 4241 AND 4244, TO DETERMINE PRESENT MENTAL COMPETENCY TO STAND TRIAL AND MENTAL STATUS; PROCEDURES REQUESTED OF COUNSEL AND OF DR. DeMARCHIS as to Elmo Bailey (1). Signed by Judge Walter H Rice on 3/31/2010. (sc1)
June 27, 2016
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REPORT AND RECOMMENDATIONS as to Elmo Bailey - Defendant's § 2255 Motion is without merit and should be DSIMISSED 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 7/14/2016 Signed by Magistrate Judge Michael R. Merz on 6/25/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 12, 2016
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REPORT AND RECOMMENDATIONS as to Kenneth Carter - 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 7/29/2016. Signed by Magistrate Judge Michael R. Merz on 7/12/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 22, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS - Accordingly, it is hereby ORDERED that the Defendant's Motion to Vacate (ECF No.94) is 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 appeal would be objectively frivolous and therefore should not be permitted to proceed in forma paupens. as to Elmo Bailey Signed by Judge Walter H. Rice on 7/22/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 1, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Kenneth Carter for 97 Report and Recommendations - Accordingly, it is hereby ORDERED that the Defendant's Motion to Vacate (ECF No. 93) is 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 appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Walter H. Rice on 8/1/2016. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 1, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Kenneth Carter for 93 Motion to Vacate (2255) filed by Kenneth Carter, 97 Report and Recommendations - It is hereby ORDERED that the Defendant's Motion to Vacate (ECF No.93) is 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 appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis. Signed by Judge Walter H. Rice on 8/1/16. (pb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)