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15-031 - Baker v. USA


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15-031 - Baker v. USA
July 12, 2016
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letter motion to amend/correct his pending §2255 motion 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).REPORT AND RECOMMENDATION: Recommendation - The respondents Motion to Dismiss or in the Alternative, for Summary Judgment be GRANTED and 1 petitioners §2255 motion be DENIED and DISMISSED with prejudice from the docket, the petitioners pending
November 18, 2016
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ORDER ADOPTING 6 Report and Recommendation: It is the opinion of this Court that Magistrate Judge Seibert's Report and Recommendation [ECF No. 6] should be, and is, hereby ORDERED ADOPTED. The Court construes the Petitioner's pending Motion to Amend as a motion to supplement his §2255 Petition. The Court GRANTS the Motion to Amend, GRANTS the Respondents Motion to Dismiss or, in the Alternative, for Summary Judgment, DENIES the Petitioner's 28 U.S.C. §2255 Petition [ECF No. 1] 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,rr.(cmd) Modified on 11/18/2016 to add docket text on appealability. (cmd)