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06-033 - USA v. Rhea


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06-033 - USA v. Rhea
October 19, 2010
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MEMORANDUM OPINION as to Figel G Rhea: For the reasons set forth in this memorandum, the Court holds that petitioners conviction and sentencing were not in violation of the Constitution or laws of the United States and his motion to vacate, set aside or correct his sentence pursuant to 28 U.S.C. § 2255 will be DENIED. Having examined each of the petitioner's claims under the Slack standard, the Court finds that reasonable jurists could not find that this Court's dismissal of petitioner's claims was debatable or wrong. Therefore, the Court will deny petitioner a certificate of appealability as to each issue raised by him.A separate order will enter. Signed by District Judge J Ronnie Greer on 10/19/2010. (RLC, )
June 24, 2013
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MEMORANDUM and ORDER as to Figel G Rhea's motion to vacate, set aside, or correct his sentence under 28 U.S.C. § 2255. Petitioner has not received certification from the Sixth Circuit authorizing this Court to consider a second or successive § 2255 motion, and this is a precondition to filing the instant motion in a district court. See 28 U.S.C. § 2244(b)(3). Because district courts must transfer second or successive § 2255 motions filed without such authorization to the circuit court, the Clerk is DIRECTED to TRANSFER this action to the Sixth Circuit, pursuant to 28 U.S.C. § 1631. See Sims v. Terbush, 111 F.3d 45, 47 (6th Cir. 1997). Signed by District Judge J Ronnie Greer on 6/24/2013. (c/m to pro se petitioner) (RLC, )
April 18, 2017
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MEMORANDUM OPINION as to Figel G Rhea. For the reasons discussed, Petitioner's successive § 2255 petition [Docs. 79, 84] will be DENIED and DISMISSED WITH PREJUDICE. The Court will CERTIFY any appeal from this action would not be taken in good faith and would be totally frivolous. Therefore, this Court will DENY Petitioner leave to proceed in forma pauperis on appeal. See Rule 24 of the Federal Rules of Appellate Procedure. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. 28 U.S.C. § 2253; Rule 22(b) of the Federal Rules of Appellate Procedure. Signed by District Judge J Ronnie Greer on 4/18/2017. (C/M Pro Se petitioner) (JCK)