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U.S. v. Smedley, 3:17-cr-100. (2019)

Court: District Court, S.D. Ohio Number: infdco20190220d75 Visitors: 20
Filed: Feb. 17, 2019
Latest Update: Feb. 17, 2019
Summary: ORDER ADOPTING REPORT AND RECOMMENDATIONS THOMAS M. ROSE , District Judge . The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 39), to whom this case was referred pursuant to 28 U.S.C. 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations. Accordingly, it is hereby ORDERED that Defendant's
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ORDER ADOPTING REPORT AND RECOMMENDATIONS

The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (ECF No. 39), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed. R. Civ. P. 72(b) has expired, hereby ADOPTS said Report and Recommendations.

Accordingly, it is hereby ORDERED that Defendant's § 2255 Motion (ECF No. 37) be dismissed with prejudice. Petitioner is DENIED a certificate of appealability and the Court hereby certifies to the United States Court of Appeals that an appeal would be objectively frivolous and therefore should not be permitted to proceed in forma pauperis.

Source:  Leagle

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