Vanwinkle v. USA

Vanwinkle v. USA

Petitioner:	Arthur L. Vanwinkle
Respondent:	USA
Case Number:	3:2008cv00415
Filed:	November 18, 2008
Court:	US District Court for the Southern District of Ohio
Office:	Prisoner: Vacate Sentence Office
County:	MONTGOMERY
Presiding Judge:	Michael R Merz
Presiding Judge:	Walter H Rice
Nature of Suit:	None
Cause of Action:	U.S. Government Defendant
Jury Demanded By:	28:2255 Motion to Vacate / Correct Illegal Sentenc

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Date Filed	Document Text
March 30, 2009	Filing 40 DECISION AND ENTRY ADOPTING INITIAL (DOC. 32 ), SUPPLEMENTAL (DOC. 34 ) AND SECOND SUPPLEMENTAL (DOC. 37 ) REPORTS AND RECOMMENDATIONS OF UNITED STATESMAGISTRATE JUDGE; DEFENDANT'S OBJECTIONS TO SAID JUDICIAL FILINGS (DOCS. 33 , #35 AND 39 ) OVERRULED; DEFENDANT'S FIRST TWO CLAIMS DISMISSED, WITH PREJUDICE, UPON THE MERITS AND AS PROCEDURALLY DEFAULTED; THIRD CLAIM DISMISSED, WITHOUT PREJUDICE, AS NOT STATING A CLAIM UPON WHICH RELIEF CAN BE GRANTED IN A SECTION 2255 PROCEEDING; D EFENDANT'S ADDED CLAIM (DOC. 36 ) DISMISSED, UPON ITS MERITS; JUDGMENT TO ENTER ACCORDINGLY, FINDING IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS AND CERTIFICATE OF APPEALABILITY GRANTED ONLY AS TO FOURTH CLAIM, ADDED BY DOC. 36 ; REQUEST FOR APPOINTMENT OF COUNSEL DENIED; TERMINATION ENTRY. Signed by Walter H Rice on 3/30/2009. (jdf1, )

Date Filed

Document Text

March 30, 2009

Filing 40 DECISION AND ENTRY ADOPTING INITIAL (DOC. 32 ), SUPPLEMENTAL (DOC. 34 ) AND SECOND SUPPLEMENTAL (DOC. 37 ) REPORTS AND RECOMMENDATIONS OF UNITED STATESMAGISTRATE JUDGE; DEFENDANT'S OBJECTIONS TO SAID JUDICIAL FILINGS (DOCS. 33 , #35 AND 39 ) OVERRULED; DEFENDANT'S FIRST TWO CLAIMS DISMISSED, WITH PREJUDICE, UPON THE MERITS AND AS PROCEDURALLY DEFAULTED; THIRD CLAIM DISMISSED, WITHOUT PREJUDICE, AS NOT STATING A CLAIM UPON WHICH RELIEF CAN BE GRANTED IN A SECTION 2255 PROCEEDING; D EFENDANT'S ADDED CLAIM (DOC. 36 ) DISMISSED, UPON ITS MERITS; JUDGMENT TO ENTER ACCORDINGLY, FINDING IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT; MOTION FOR LEAVE TO APPEAL IN FORMA PAUPERIS AND CERTIFICATE OF APPEALABILITY GRANTED ONLY AS TO FOURTH CLAIM, ADDED BY DOC. 36 ; REQUEST FOR APPOINTMENT OF COUNSEL DENIED; TERMINATION ENTRY. Signed by Walter H Rice on 3/30/2009. (jdf1, )

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Respondent: USA
Represented By:	Dwight K Keller
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Petitioner: Arthur L. Vanwinkle
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