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95-007 - USA v. Smoote


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95-007 - USA v. Smoote
July 22, 2016
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ORDER ALLOWING AMENDED § 2255 MOTION granting 55 Motion to Amend/Correct as to Derrick Lamonte Smoote (1). Signed by Magistrate Judge Michael R. Merz on 07/22/16. (kma)
August 9, 2016
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DECISION AND ORDER GRANTING MOTION TO STAY as to Derrick Lamonte Smoote (1). Signed by Magistrate Judge Michael R. Merz on 8/9/2016. (kpf)
March 8, 2017
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ORDER VACATING STAY; REPORT AND RECOMMENDATIONS as to Derrick Lamonte Smoote - It is therefore respectfully recommended that Defendants Amended Motion (ECF No.57) be dismissed with prejudice for failure to state a claim upon which relief can be granted under 28 U.S.C. § 2255. ( Objections to R&R due by 3/22/2017) Signed by Magistrate Judge Michael R. Merz on 3/8/17. (pb) .
June 20, 2017
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ORDER TERMINATING COUNSEL, ALLOWING WITHDRAWAL OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE, AND AGAIN RECOMMENDING DISMISSAL WITH PREJUDICE as to Derrick Lamonte Smoote - Objections to R&R due by 7/5/2017. Signed by Magistrate Judge Michael R. Merz on 6/20/2017. (kpf)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)
July 14, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS 69 as to Derrick Lamonte Smoote- Accordingly, it is hereby ORDERED that Defendant's§ 2255 Motion and Amended§ 2255 Motion (ECF Nos. 52 and 57) be dismissed with prejudice. Petitioner 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 Walter H. Rice on 7/13/17. (kma)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.)