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15-067 - USA v. Cordoba


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15-067 - USA v. Cordoba
October 30, 2015
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DECISION AND ENTRY OVERRULING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT (DOC. #13) as to Adrain Piedra Cordoba (1). Signed by Judge Walter H. Rice on 10/30/2015. (jdf)
August 31, 2016
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REPORT AND RECOMMENDATIONS - The instant § 2255 Motion 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 9/19/2016. Signed by Magistrate Judge Michael R. Merz on 8/31/2016. (kpf)
December 27, 2016
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SUBSTITUTED REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully recommends that Mr. Cordobas 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 1/10/2017. Signed by Magistrate Judge Michael R. Merz on 12/27/2016. (kpf)
January 23, 2017
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DECISION AND ENTRY ADOPTING IN PART AND REJECTING IN PART UNITED STATES MAGISTRATE JUDGE'S SUBSTITUTED REPORT AND RECOMMENDATIONS (DOC. #41 ); SUSTAINING IN PART AND OVERRULING IN PART DEFENDANT'S OBJECTIONS THERETO (DOC. #42); DISMISSING WITH PREJUDICE MOTION TO VACATE, SET ASIDE OR CORRECT A SENTENCE UNDER 28 U.S.C. § 2255 (DOC. #29); JUDGMENT TO ENTER IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; DENYING CERTIFICATE OF APPEALABILITY AND LEAVE TO APPEAL IN FORMA PAUPERIS; LIFTING STAY OF DEPORTATION; TERMINATION ENTRY Signed by Judge Walter H. Rice on 1/23/17. (kma)