Elawyers Elawyers
Ohio| Change

U.S. v. Wall, 1:16-cr-0104-AT-1. (2019)

Court: District Court, N.D. Georgia Number: infdco20190329c67 Visitors: 2
Filed: Mar. 27, 2019
Latest Update: Mar. 27, 2019
Summary: ORDER AMY TOTENBERG , District Judge . Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") that this Court deny Defendant Philip Christopher Wall's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 25]. A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz , 447 U.S. 667 , 680 (1980). The Court notes that no objections
More

ORDER

Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") that this Court deny Defendant Philip Christopher Wall's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. 25]. A district judge has broad discretion to accept, reject, or modify a magistrate judge's proposed findings and recommendations. United States v. Raddatz, 447 U.S. 667, 680 (1980). The Court notes that no objections have been filed in response to the Magistrate Judge's Report and Recommendation. Therefore, in accordance with 28 U.S.C. § 636(b)(1) and Rule 59 of the Federal Rules of Criminal Procedure, the Court has reviewed the Magistrate Judge§s Recommendation for clear error and finds none.

Accordingly, the Court receives the Magistrate Judge's Report and Recommendation with approval and hereby ADOPTS the Report and Recommendation as the opinion of this Court. FOr the reasons stated in the Magistrate Judge's Reoprt and Recommendation, the Court DENIES Defendant's motion to vacate, set side, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. 14]. Defendant is denied a certificate of appealability.

IT IS SO ORDERED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer