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15-170 - USA v. Pate


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15-170 - USA v. Pate
January 27, 2017
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REPORT AND RECOMMENDATIONS - The Magistrate Judge respectfully 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 2/10/2017. Signed by Magistrate Judge Michael R. Merz on 1/27/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
February 21, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 35 as to David Pate. It is ordered that the Defendant's Motion to Vacate 26 is DISMISSED with prejudice. Signed by Judge Thomas M. Rose on 2-21-2017. (de)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)