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12-120 - USA v. Kirby


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12-120 - USA v. Kirby
January 14, 2015
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REPORT AND RECOMMENDATIONS as to Stephen E Kirby, II - The § 2255 Motion herein 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 2/2/2015. Signed by Magistrate Judge Michael R Merz on 1/14/2015. (kpf1)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 12, 2015
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Stephen E Kirby, II - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully recommends that the § 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 3/2/2015. Signed by Magistrate Judge Michael R Merz on 2/12/2015. (kpf1)
April 29, 2015
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ORDER OVERRULING KIRBY'S OBJECTIONS (DOC. 73) TO THE REPORT AND RECOMMENDATIONS; OVERRULING KIRBY'S OBJECTIONS (DOC. 77) TO THE SUPPLEMENTAL REPORT AND RECOMMENDATIONS; ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. 72) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. 75) IN THEIR ENTIRETY; DISMISSING KIRBY'S § 2255 MOTION (DOC. 71) WITH PREJUDICE; DENYING ANY REQUESTED CERTIFICATE OF APPEALABILITY; CERTIFYING THAT ANY APPEAL OF EITHER THE REPORT AND RECOMMENDATIONS OR SUPPLEMENTAL REPORT ANDRECOMMENDATIONS WOULD BE OBJECTIVELY FRIVOLOUS AND TERMINATING THIS CASE. Signed by Judge Thomas M. Rose on 4/29/15. (ep)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
August 9, 2016
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REPORT AND RECOMMENDATIONS - It is respectfully recommended that Defendant's pro se Motion for Reduction/Modification of Supervised Release Terms and Sentence (ECF No. 83) be DENIED. Objections to R&R due by 8/26/2016. Signed by Magistrate Judge Michael R. Merz on 8/9/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
September 21, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS as to Stephen E Kirby, II - It is hereby ORDERED that the Defendant's pro se Motion for Reduction/Modification of Supervised Release Terms and Sentence 83 is DENIED. Signed by Judge Thomas M. Rose on 9-21-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
October 12, 2016
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REPORT AND RECOMMENDATIONS ON MOTION FOR REHEARING as to Stephen E Kirby, II - It is respectfully recommended that Defendants Motion for De Novo Rehearing (ECF No. 92) be denied. Objections to R&R due by 10/31/2016 Signed by Magistrate Judge Michael R. Merz on 10/12/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
November 8, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 93 AND DENYING DEFENDANT'S MOTION FOR DE NOVO REHEARING 92. Signed by Judge Thomas M. Rose on 11-8-2016. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)