Somerset v. USA

Filing 123

JUDGMENT - that Defendant Theodore Somerset take nothing and that the Motion to Vacate under 28 U.S.C. be and hereby is DENIED WITH PREJUDICE. Anticipated request for Certificate of Appealability is DENIED. The stay of execution of sentence is VACATED. Defendant Theodore must report to Probation Office on Monday, November 16, 2009 at 9:30 a.m. as to Theodore Somerset. Signed on 11/9/2009. (sc1, )

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AO 450 (Rev. 01/09) Judgment in a Civil Action UNITED STATES DISTRICT COURT for the ____SouthernDistrict of __________ ______ District of Ohio ) ) ) ) ) UNITED STATES OF AMERICA Plaintiff Plaintiff v. Civil Action No. 3:03-PO-002 and 3:09cv017 THEODORE SOMERSET De en dan Deffendantt JUDGMENT IN A CIVIL ACTION The court has ordered that (check one): ' the plaintiff (name) defendant (name) interest at the rate of recover from the the amount of ), which includes prejudgment %, along with costs. dollars ($ %, plus postjudgment interest at the rate of ' the plaintiff recover nothing, the action be dismissed on the merits, and the defendant (name) recover costs from the plaintiff (name) . ' other: that Defendant Theodore Somerset take nothing and that the Motion to Vacate under 28 U.S.C. 2255 be and hereby is DENIED WITH PREJUDICE. Anticipated request for Certificate of Appealability is DENIED. The stay of execution of sentence is VACATED. Defendant Theodore Somerset must report to Probation Office on Monday, November 16, 2009 at 9:30 a.m. . This action was (check one): ' tried by a jury with Judge rendered a verdict. ' tried by Judge was reached. ' decided by Judge Michael R. Merz presiding, and the jury has without a jury and the above decision on a motion for to Vacate under 28 U.S.C 2255 Date: 11/09/2009 CLERK OF COURT s/ S. COATS Signature of Clerk or Deputy Clerk Print Save As... Reset IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO Western __________ DIVISION UNITED STATES OF AMERICA ___________________________________ Plaintiff Plaintiff vs THEODORE SOMERSET ___________________________________ Defendant Defendant : : : : : : : Case Number: 3:03-PO-002 and 3:09cv017 NOTICE OF DISPOSAL PER SOUTHERN DISTRICT OF OHIO LOCAL RULES 79.2(a)&(b) 11/09/2009 The above captioned matter has been terminated on ________________________. If applicable to this case, the disposal date will be six (6) months from the above termination date. Rule 79.2(a) Withdrawal by Counsel: All depositions, exhibits or other materials filed in an action or offered in evidence shall not be considered part of the pleadings in the action, and unless otherwise ordered by the Court, shall be withdrawn by counsel without further Order within six (6) months after final termination of the action. Rule 79.2 (b) Disposal by the Clerk All depositions, exhibits or other materials not withdrawn by counsel shall be disposed of by the Clerk as waste at the expiration of the withdrawal period. JAMES BONINI, CLERK s/ S. COATS By: _________________ Deputy Clerk

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