Watson v. U.S., 1:16-CR-216-ELR-JKL. (2019)
Court: District Court, N.D. Georgia
Number: infdco20190131993
Visitors: 12
Filed: Jan. 30, 2019
Latest Update: Jan. 30, 2019
Summary: ORDER HABEAS CORPUS 28 U.S.C. 2255 ELEANOR L. ROSS , District Judge . This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge John K. Larkins, III [Doc. 32]. Judge Larkins recommends that Petitioner's 2255 Motion [Doc. 15] be denied and that a Certificate of Appealability be denied as well. After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may accept, reject
Summary: ORDER HABEAS CORPUS 28 U.S.C. 2255 ELEANOR L. ROSS , District Judge . This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge John K. Larkins, III [Doc. 32]. Judge Larkins recommends that Petitioner's 2255 Motion [Doc. 15] be denied and that a Certificate of Appealability be denied as well. After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may accept, reject,..
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ORDER
HABEAS CORPUS 28 U.S.C. § 2255
ELEANOR L. ROSS, District Judge.
This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge John K. Larkins, III [Doc. 32]. Judge Larkins recommends that Petitioner's § 2255 Motion [Doc. 15] be denied and that a Certificate of Appealability be denied as well.
After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may accept, reject, or modify a magistrate judge's R&R. 28 U.S.C. § 636(b)(1) (C); Williams v. Wainwrieht, 681 F.2d 732 (11th Cir. 1982). No objections to the magistrate judge's R&R have been filed, and therefore, the Court has reviewed the R&R for plain error. See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983). The Court finds no error.
Accordingly the Court ADOPTS the R&R [Doc. 32] as the opinion of this Court. For the reasons stated in the R&R, the Court DENIES Petitioner's § 2255 Motion [Doc. 15]. Additionally, the Court DECLINES to issue a certificate of appealability because after considering 28 U.S.C. § 2253(c)(2), the Court finds that Petitioner has not made a substantial showing of the denial of a constitutional right. The Court DIRECTS the Clerk to CLOSE the civil case associated with Petitioner's § 2255 Motion: Civil Action No. 01:17-CV-4610-ELR-JKL.
SO ORDERED.
Source: Leagle
