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13-003 - USA v. Thomas


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13-003 - USA v. Thomas
September 8, 2014
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DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION TO SUPPRESS EVIDENCE (DOC. #21), AND SUPPLEMENTAL MOTION TO SUPPRESS (DOC. #39) as to Raja Thomas (1). Signed by Judge Walter H Rice on 09/08/14. (pb1)
May 25, 2016
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REPORT AND RECOMMENDATIONS - Defendant Thomas' Motion to Vacate under 28 U.S.C. § 2255 (ECF No. 80) 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 6/13/2016. Signed by Magistrate Judge Michael R. Merz on 5/25/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
June 14, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS - Having reconsidered the case in light of the Objections and amendment, the Magistrate Judge again recommends that the Motion to Vacate 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 7/1/2016. Signed by Magistrate Judge Michael R. Merz on 6/14/2016. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
January 23, 2017
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DECISION AND ENTRY ADOPTING UNITED STATES MAGISTRATE JUDGE'S REPORT AND RECOMMENDATIONS (DOC. # 82) AND SUPPLEMENTAL REPORT AND RECOMMENDATIONS (DOC. # 86); OVERRULING DEFENDANT'S OBJECTIONS THERETO (DOCS. ## 84, 88); DISMISSING WITH PREJUDICE DEFENDANT'S MOTION UNDER 28 U.S.C. § 2255 TO VACATE, SET ASIDE OR CORRECT SENTENCE (DOC. # 80); DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; TERMINATION ENTRY - The Court DISMISSES WITH PREJUDICE Defendant's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside or CorrectSentence. Doc. # 80. Judgment will be entered in favor of Plaintiff and against Defendant. Given that Defendant has not made a substantial showing of the denial of a constitutional right and, further, that the Court's decision herein would not be debatable among reasonable jurists, and because any appeal from this Court's decision would be objectively frivolous, Defendant is denied a certificate of appealability, and is denied leave to appeal in forma pauperis. The captioned cases are hereby ordered terminated upon the docket records of the United States District Court for the Southern District of Ohio, Western Division, at Dayton. Signed by Judge Walter H. Rice on 1/23/2017. (srb)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)