HAROLD L. MURPHY, District Judge.
This case is before the Court on Petitioner's Motion to Vacate, Set Aside, or Correct Sentence, which Petitioner filed under 28 U.S.C.A. § 2255 ("§ 2255 Motion") [44], on the Final Report and Recommendation of United States Magistrate Judge Walter E. Johnson [45], and on Petitioner's Objections to the Final Report and Recommendation [49].
28 U.S.C. § 636(b)(1) requires that in reviewing a magistrate judge's report and recommendation, the district court "shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made." 28 U.S.C. § 636(b)(1). The Court therefore must conduct a de novo review if a party files "a proper, specific objection" to a factual finding contained in the report and recommendation.
In July 2011, Petitioner entered a non-negotiated guilty plea (Docket Entry No. 29-1) to an indictment (Docket Entry No. 11) that charged Petitioner with engaging in certain activities relating to material involving sexual exploitation of minors, in violation of 18 U.S.C. §§ 2256(2) and 2252(a) and (b). In November 2011, Senior United States District Court Judge Robert L. Vining, Jr. sentenced Petitioner to eighty-seven months of imprisonment, to be followed by twenty years of supervised release. (Docket Entry No. 33.) Petitioner did not file a direct appeal. (
In June 2014, Petitioner filed a "Motion to Reduce Sentence and Modify Conditions of Release Pursuant to Rule 60(b)(2) Newly Discovered Evidence." (Docket Entry No. 42.) In his Rule 60(b) Motion, Petitioner complained about "a glaring difference in both length of sentence and time of supervised release between Petitioner's case and others here at this facility." (
On August 4, 2014, the Clerk received Petitioner's § 2255 Motion. (Docket Entry No. 44.) On August 19, 2014, Judge Johnson issued his Final Report and Recommendation. (Docket Entry No. 45.) Judge Johnson recommended that the Court deny Petitioner's § 2255 Motion because it is time-barred and is procedurally barred. (
The Court extended the time period for Petitioner to file Objections to the Final Report and Recommendation through and including thirty days after September 2, 2014. (Order of Sept. 2, 2014 (Docket Entry No. 48).) On September 24, 2014, the Clerk received Petitioner's Objections. (Docket Entry No. 49.) The Court finds that no response from the Government to the Objections is necessary. The Court consequently concludes that the matter is ripe for resolution.
The Court has reviewed Petitioner's Objections, the Final Report and Recommendation, and the record in this case. The Court finds that nothing in Petitioner's Objections warrants rejecting the Final Report and Recommendation. (
For the reasons discussed above, the Court finds that Judge Johnson correctly evaluated Petitioner's § 2255 Motion. The Court therefore adopts the Final Report and Recommendation, overrules Petitioner's Objections, and denies Petitioner's § 2255 Motion. Further, the Court agrees with Judge Johnson that Petitioner is not entitled to a certificate of appealability (Final Report & Recommendation at 3-4), and the Court declines to issue one.
ACCORDINGLY, the Court
IT IS SO ORDERED.