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98-038 - USA v. Monday


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98-038 - USA v. Monday
June 21, 2006
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MEMORANDUM OPINION in support of the following Judgment Order as to Allen E Monday's Motion to Vacate {2255} filed in 3:02-cv-556. Signed by Judge James H Jarvis on 6/21/06. (ADA)
June 21, 2006
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JUDGMENT ORDER; denying 79 Motion to Vacate (2255) as to Allen E Monday in 3:02-cv-556.Signed by Judge James H Jarvis on 6/21/06. (ADA)
December 29, 2016
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MEMORANDUM OPINION as to Allen E Monday directing Clerk to TRANSFER the filing 90 second collateral challenge to the same criminal conviction. States Court of Appeals for the Sixth Circuit pursuant to 28 U.S.C. § 1631. Signed by Chief District Judge Thomas A Varlan on 12/29/2016. (MDG)
March 15, 2017
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ORDER as to Allen E Monday re 94 MOTION to Vacate under 28 U.S.C. 2255 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, )(cm pro se)
April 6, 2017
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MEMORANDUM OPINION as to Allen E Monday finding that Petitioners 94 successive § 2255 motion 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 FederalRules 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. Signed by Chief District Judge Thomas A Varlan on 4/6/2017. (c/m) (MDG)