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14-041 - USA v. Baker et al


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14-041 - USA v. Baker et al
July 12, 2016
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REPORT AND RECOMMENDATION as to Irvin Jayoine Lee Baker: Recommendation: the respondents Motion to Dismiss or in the Alternative, for Summary Judgment [ECF No.103] be GRANTED and petitioners §2255 motion [ECF No. 84] be DENIED and DISMISSED with prejudice from the docket, the petitioners pending letter motion to amend/correct his pending §2255 motion [ECF No. 135] be construed as a motion to supplement and GRANTED. Within fourteen (14) days after being served with a copy of this report and recommendation, any party may file with the Clerk of Court written objections. Signed by Magistrate Judge James E. Seibert on 7/12/2016. Copy to pro se petitioner by cm,rrr. (cmd) (Additional attachment(s) added on 7/13/2016: # (1) Certified Mail Return Receipt) (cmd).
November 18, 2016
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ORDER ADOPTING REPORT AND RECOMMENDATION as to Irvin Jayoine Lee Baker: It is the opinion of this Court that Magistrate Judge Seibert's Report and Recommendation [ECF No. 136] should be, and is, hereby ORDERED ADOPTED. The Court construes the Petitioners pending Motion to Amend [ECF No. 135] as a motion to supplement his §2255 Petition. The Court GRANTS the Motion to Amend [ECF No. 135], GRANTS the Respondents Motion to Dismiss or, in the Alternative, for Summary Judgment [ECF No. 103], DENIES the Petitioner's 28 U.S.C. §2255 Petition [ECF No. 84] and ORDERS that the same be DISMISSED WITH PREJUDICE. This matter is ORDERED STRICKEN from the Courts active docket. The Clerk is DIRECTED to enter a separate judgment order in favor of the Respondent, pursuant to Federal Rule of Civil Procedure 58. The Petitioner has not met the requirements for issuance of a certificate of appealability. Signed by Chief Judge Gina M. Groh on 11/18/2016. Copy to pro se petitioner by cm,rrr. (cmd) Civil Case 3:15-cv-00031-GMG-JES closed.