John H. Rains IV
How Judge Rains rules, drawn from 4 signed orders. Every observation links to the order it came from.
How Judge Rains decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
Procedural preferences
Denies a habeas petitioner's collateral summary-judgment motions as moot once the underlying 2255 motion is resolved.
“Petitioner's motions for summary judgment, Dkt. Nos. [103, 105], are DENIED AS MOOT”
Cautions
Denies a 28 U.S.C. 2255 motion to vacate on the magistrate's recommendation and declines to issue a certificate of appealability.
“the Court ADOPTS the Magistrate Judge's Report and Recommendation, Dkt. No. [109], as the opinion of the Court: Respondent's motion to dismiss, Dkt. No. [91], is GRANTED; Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. Section 2255, Dkt. No. [89], is DENIED; ... and no certificate of appealability shall issue.”
Recommended denying ineffective-assistance claims where the controlling appellate decision and sentencing record left counsel no non-frivolous objection and the movant could not show a reasonable probability of a lower sentence.
“A lawyer cannot be deficient for failing to raise a meritless claim. Therefore, movant fails to show that trial counsel performed deficiently by failing to object to the presentence investigation report, the government's sentencing memorandum, and the enhancement. Movant also fails to show prejudice because there is not a reasonable probability that he would have received a lower sentence if trial counsel had objected.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“the Court ADOPTS the Magistrate Judge's Report and Recommendation, Dkt. No. [109], as the opinion of the Court: Respondent's motion to dismiss, Dkt. No. [91], is GRANTED; Petitioner's motion to vacate, set aside, or correct sentence under 28 U.S.C. Section 2255, Dkt. No. [89], is DENIED; ... and no certificate of appealability shall issue.”
“Petitioner's motions for summary judgment, Dkt. Nos. [103, 105], are DENIED AS MOOT”
“After considering the Final Report and Recommendation [Doc. 139], the Court receives the R&R with approval and adopts its findings and legal conclusions as the Order of this Court. Accordingly, Movant Julio Martinez-Guzman's Section 2255 Motion [Doc. 127] is DENIED. Further, a certificate of appealability is DENIED.”
“RECOMMENDS that the Motion to Vacate be GRANTED IN PART AND”
“For the reasons stated above, the undersigned RECOMMENDS that (1) the Motion to Vacate [81] be DENIED, (2) a certificate of appealability be DENIED, and (3) civil action number 4:24-cv-176-SDG-JHR be CLOSED.”
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