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13-098 - USA v. Jordan et al


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13-098 - USA v. Jordan et al
July 8, 2016
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REPORT AND RECOMMENDATIONS as to Thomas Gene Jordan, Jr - 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 Thomas Gene Jordan, Jr - Upon reconsideration, the Magistrate Judge again respectfully recommends 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 8/26/2016. Signed by Magistrate Judge Michael R. Merz on 8/9/2016. (kpf)
August 30, 2016
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*VACATED*ORDER ADOPTING SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Thomas Gene Jordan, Jr for 71 Supplemental Report and Recommendations and 68 Report and Recommendations, re 66 Motion to Vacate (2255) filed by Thomas Gene Jordan, Jr. It is hereby ORDERED that the Defendant's Motion to Vacate 66 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 Thomas M. Rose on 8/30/16. (ep) Modified on 3/29/2017 pursuant to Order 84 (ep).
October 14, 2016
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REPORT AND RECOMMNDATIONS ON MOTION FOR CERTIFICATE OF APPEALABILITY as to Thomas Gene Jordan, Jr - Even considering the matter de novo, the Court should conclude reasonable jurists would not disagree with the Courts conclusion that this § 2255 proceeding should be dismissed with prejudice. The Motion for Certificate of Appealability 74 should therefore be DENIED. Objections to R&R due by 10/31/2016. Signed by Magistrate Judge Michael R. Merz on 10/14/2016. (kpf)
October 18, 2016
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REPORT AND RECOMMENDATIONS ON MOTION FOR RECONSIDERATION as to Thomas Gene Jordan, Jr - For the reasons given, Jordan's Motion for Reconsideration, considered as motion for relief from judgment, should be denied pursuant to Fed. R. Civ. P. 62.1. 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 11/4/2016 Signed by Magistrate Judge Michael R. Merz on 10/18/2016. (kpf)
October 31, 2016
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RECOMMITTAL ORDER as to Thomas Gene Jordan, Jr -The District Judge has preliminarily considered the Objections 78 and believes they will be more appropriately resolved after further analysis by the Magistrate Judge. Accordingly, pursuant to Fed. R. Civ. P. 72(b)(3), this matter is hereby returned to the Magistrate Judge with instructions to file a supplemental report analyzing the Objections and making recommendations based on that analysis. Signed by Judge Thomas M. Rose on 10-31-2016. (de)
November 1, 2016
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SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Thomas Gene Jordan, Jr - It is respectfully recommended that the Court enter an order indicating that it would grant the motion for relief from judgment if the Sixth Circuit remanded the case for that purpose. Objections to R&R due by 11/18/2016 Signed by Magistrate Judge Michael R. Merz on 11/2/2016. (kpf)
December 20, 2016
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INDICATIVE RULING ON MOTION FOR RELIEF THAT IS BARRED BY A PENDING APPEAL UNDER FED. R. CIV. P. 62.1 : If the United States Court of Appeals for the Sixth Circuit remanded this case for purposes of considering Jordan's Motion for Reconsideration (Doc. 76), the Court would grant that motion. The Court reminds Jordan of his obligation under Fed. R. Civ. P. 62.1(b) to "promptly notify the circuit clerk under Federal Rule of Appellate Procedure 12.1" that this Court would grant the Motion for Reconsideration (Doc. 76) if the case were remanded for that purpose. Signed by Judge Thomas M. Rose on 12/20/16. (ep)
March 29, 2017
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ORDER GRANTING RELIEF FROM JUDGMENT AND RECOMMITTING THE CASE TO THE MAGISTRATE JUDGE FOR FURTHER REPORT as to Thomas Gene Jordan, Jr : Order Adopting Report and Recommendations 72 is VACATED and this case is returned to the Magistrate Judge. Signed by Judge Thomas M. Rose on 3/29/17. (ep) Modified on 3/29/2017 (ep).
April 3, 2017
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SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS as to Thomas Gene Jordan, Jr - Having reconsidered the case in light of the Objections, the Magistrate Judge again respectfully recommends 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 4/17/2017. Signed by Magistrate Judge Michael R. Merz on 4/1/2017. (kpf)
April 20, 2017
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ENTRY AND ORDER OVERRULING OBJECTIONS 86, ADOPTING SECOND SUPPLEMENTAL REPORT AND RECOMMENDATIONS 85 AND DISMISSING WITH PREJUDICE MOTION TO CORRECT SENTENCE UNDER 28 U.S.C. § 2255 66. As reasonable jurists would not disagree with this conclusion, Jordan is DENIED a certificate of appealability 74, the Court CERTIFIES to the Sixth Circuit that any appeal would beobjectively frivolous and therefore should not be permitted to proceed in formapauperis; and the Magistrate Judge's Report and Recommendations 75 recommending that the Certificate of Appealability be denied, and this case shall be terminated on the Courts docket. Signed by Judge Thomas M. Rose on 4-20-2017. (de)