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05-112 - USA v. Davis (TVV) (TV2)


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05-112 - USA v. Davis (TVV) (TV2)
August 29, 2005
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ORDER OF DETENTION PENDING TRIAL as to Melvin E Davis. Signed by Judge C Clifford Shirley on August 29, 2005. (CRS)[3:05-mj-01058]
October 3, 2005
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ORDER ON DISCOVERY AND SCHEDULING as to Melvin E Davis. Signed by Judge C Clifford Shirley on October 3, 2005. (CRS)
October 19, 2005
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MEMORANDUM AND ORDER as to Melvin E Davis re 14 MOTION to Substitute Attorney filed by Melvin E Davis, there were no objections and the motion is granted, Christopher J Oldham is substituted as counsel for Melvin E Davis. Attorney Paula R Voss terminated in case as to Melvin E Davis. Motions terminated as to Melvin E Davis: 14 MOTION to Substitute Attorney filed by Melvin E Davis. Signed by Judge C Clifford Shirley on October 19, 2005. (CRS, Courtroom Deputy)
November 3, 2005
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MEMORANDUM AND ORDER as to Melvin E Davis Denying as Moot 22 MOTION for Discovery of Exculpatory Evidence filed by Melvin E Davis. Motion terminated as to Melvin E. Davis 22. Signed by Judge C Clifford Shirley on November 3, 2005. (CRS)
January 13, 2006
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REPORT AND RECOMMENDATIONS as to Melvin E Davis re 18 MOTION to Suppress Evidence: it is recommended that the Motion to Suppress 18 be DENIED. Signed by Judge C Clifford Shirley on January 13, 2006. (CRS)
January 27, 2006
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PRETRIAL ORDER as to Melvin E Davis with jury trial before the Honorable Thomas A. Varlan to commence on March 13, 2006, at 9:00 AM. Signed by Judge C Clifford Shirley on January 27, 2006. (CRS)
March 3, 2006
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MEMORANDUM AND ORDER: adopting the Report and Recommendations 31 of Judge C. Clifford Shirley, Jr., as to Melvin E Davis therefore denying 18 Motion to Suppress filed by Melvin E Davis. Signed by Judge Thomas A Varlan on 3/3/06. (JAN)
March 7, 2006
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MEMORANDUM AND ORDER for the reasons stated in this Memorandum and Order the Motion for Specific Discovery is DENIED AS MOOT. Motions terminated as to Melvin E Davis: 35 Request for Specific Discovery filed by Melvin E Davis. Signed by Judge C Clifford Shirley on March 7, 2006. (CRS)
March 10, 2006
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MEMORANDUM AND ORDER as to Melvin E Davis re 56 Second MOTION to Quash Subpoena filed by USA is GRANTED. Motions terminated as to Melvin E Davis: 56 Second Motion to Quash Subpoena. Signed by Judge C Clifford Shirley on March 10, 2006. (CRS)
March 22, 2006
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MEMORANDUM AND ORDER denying 60 and Supplemental Motiion 70 to Continue, for sanctions, and for release of defendant pending trial as to Melvin E Davis (1); Motion to Continue is denied as moot whereby the Honorable Thomas A. Varlan granted the continuance from March 14, 2006 until April 18, 2006 [Doc. 71]; Dismissal of the Indictment is Denied; motion for sanctions is denied; and motion for release was withdrawn by counsel as stated more fully in the attached. Signed by Judge C Clifford Shirley on March 22, 2006. (CRS)
March 24, 2006
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REPORT AND RECOMMENDATIONS as to Melvin E Davis re 61 MOTION to Exclude Any Alleged Confession of the Defendant: the Court recommends that this motion be denied. Signed by Judge C Clifford Shirley on March 24, 2006. (CRS)
April 12, 2006
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REPORT AND RECOMMENDATIONS as to Melvin E Davis re 58 MOTION To Certify Excess Fee Payments: it is recommended that this motion be GRANTED pursuant to the procedures in the Guide to Judiciary Policies and Procedures and as set out within this Report and Recommendation. Signed by Judge C Clifford Shirley on April 12, 2006. (CRS)
April 13, 2006
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ORDER ADOPTING REPORT AND RECOMMENDATION: granting 58 Motion To Certify Excess Fee Payments as to Melvin E Davis; adopting Magistrate Judge C. Clifford Shirley, Jr. 84 Report and Recommendations. Signed by Judge Thomas A Varlan on 4/13/06. (JAN)
April 18, 2006
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ORDER adopting Magistrate Judge C. Clifford Shirley Jr.'s 78 Report and Recommendation and denying 61 Motion to Exclude as to Melvin E Davis (1). Signed by Judge Thomas A Varlan on 4/17/06. (JAN, Courtroom Deputy)
April 20, 2006
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ORDER granting 82 Motion to Amend as to Melvin E Davis (1). Signed by Judge C Clifford Shirley on April 20, 2006. (CRS)
June 27, 2006
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MEMORANDUM and ORDER: DENYING 95 MOTION for Judgment of Acquittal or for a New Trial and Renewed MOTION for a Mistrial filed by Melvin E Davis. Signed by Judge Thomas A Varlan on 6/26/06. (JAN)
September 17, 2012
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MEMORANDUM denying petitioner's 122 Motion to Vacate (2255) as to Melvin E Davis (1); denying 136 Motion to Amend/Correct as to Melvin E Davis (1); denying 137 MOTION TO OBTAIN AND PRESERVE BOP PHONE CALLS AND INCORPORATED MEMORANDUM OF LAW as to Melvin E Davis (1). The Court will CERTIFY that 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. 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 Thomas A Varlan on September 17, 2012. (JAN, )(cm: Petitioner's LKA)
November 9, 2015
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MEMORANDUM AND ORDER dismissing pro se 163 Motion to Correct an Illegal Sentence Pursuant to Tennessee Rule of Criminal Procedure 36.1 as to Melvin E Davis (1); granting plaintiff's 164 Motion to Dismiss as to Melvin E Davis (1). Signed by Chief District Judge Thomas A Varlan on November 9, 2015. (JAN, ) Civil Case 3:15-cv-00310-TAV closed.
January 9, 2017
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ORDER Granting United States request Doc. 176 to Stay the action[E.D. Tenn. Case No. 3:16-CV-268-TAV] pending the decision in Beckles. The parties are DIRECTED to file a joint status report within thirty (30) days of that decision. The United Statess request that this Court defer ruling on Petitioners pro se petition until FDSET has an opportunity to brief the issue Doc. 174 is denied as moot. Signed by Chief District Judge Thomas A Varlan on 1/09/17. (JAN, )
March 15, 2017
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ORDER as to Melvin E Davis 171 MOTION to Vacate under 28 U.S.C. 2255 and re 175 Supplement. On March 6, 2016, the Supreme Court held that the United States Sentencing Guidelines are not amendable to vagueness challenges. Beckles v. United States, No. 15-8544, 2017 WL 855781, at *7 (U.S. March 6, 2017). Because the Johnson decision does not undermine sentences based on Guideline enhancements, the Court believes summary denial of the above petitions with prejudice might be appropriate. To the extent that the parties disagree, the Court affords the following notice: the parties should file any motion that they want the Court to consider in conjunction with, or prior to, ruling on these petitions on or before April 1, 2017. The deadline for responses is April 15, 2017. Absent such a motion, the Court may summarily dismiss the above cases. Signed by Chief District Judge Thomas A Varlan on March 15, 2017. (JAN, )
April 26, 2017
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MEMORANDUM OPINION as to Melvin E Davis. Signed by Chief District Judge Thomas A Varlan on April 26, 2017. (JAN, )(CM)
April 26, 2017
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JUDGMENT ORDER as to Melvin E Davis (1); For the reasons expressed in the accompanying memorandum opinion, it is ORDERED and ADJUDGED that the motion to withdraw Doc. 181 is GRANTED, the request for an extension of time to amend [Docs. 180] is DENIED, the motion to deny and dismiss Doc. 179 is GRANTED, and the supplemented successive § 2255 motion Docs. 169, 171, 175, 182 is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal fromthis judgment, such notice of appeal will be treated as an application for a certificate of appealability, which is DENIED pursuant to 28 U.S.C. § 2253(c)(2) and Fed. R. App. P. 22(b) because he has failed to make a substantial showing of the denial of a federal constitutional right. The Court CERTIFIES pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24 that any such appeal from this judgment would be frivolous and not taken in good faith. Signed by Chief District Judge Thomas A Varlan on April 26, 2017. (JAN, )CM Civil Case 3:16-cv-00268-TAV closed.