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09-147 - USA v. Smith


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09-147 - USA v. Smith
March 11, 2010
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REPORT AND RECOMMENDATIONS as to Omar M Smith re 11 MOTION to Suppress Evidence and Memorandum in Support. After carefully considering the parties arguments and the relevant legal authorities, the Court finds no basis to suppress the evidence resulting from the seizure and search of the Defendant. For the reasons set out in this R&R, the Court RECOMMENDS that Defendants Motion to Suppress, Doc. 11 be DENIED in part in that the Court should decline to suppress the evidence stemming from a seizure and search of the Defendants person. Also, the Court RECOMMENDS that the Defendants motion, Doc. 11 be GRANTED in part in that any statements made by the Defendant after he was taken into custody and placed in the police car, with the exception ofresponses to routine booking questions, should be suppressed. Signed by Magistrate Judge H Bruce Guyton on 3/11/2010. (DCP, )
April 16, 2010
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MEMORANDUM OPINION AND ORDER denying 11 Motion to Suppress as to Omar M Smith (1); adopting in whole Magistrate Judge H. Bruce Guyton's Report and Recommendation 20 as to Omar M Smith (1). Signed by District Judge Thomas A Varlan on April 16, 2010. (JAN, )
November 4, 2016
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MEMORANDUM OPINION as to Omar M Smith: Petitioner's § 2255 motion [Doc. 63] 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. Petitioner having failed to make a substantial showing of the denial of a constitutional right, a certificate of appealability SHALL NOT ISSUE. Signed by Chief District Judge Thomas A Varlan on November 4, 2016. c/m (AYB)
November 4, 2016
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JUDGMENT ORDER as to Omar M Smith (1): Petitioner's § 2255 motion [Doc. 63] is DENIED and DISMISSED WITH PREJUDICE. If Petitioner files a notice of appeal from this 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 November 4, 2016. c/m (AYB) Civil Case 3:16-cv-00265-TAV closed.