Cintora-Gonzalez v. U.S., 1:12-CR-078-3-ODE-RGV (2016)
Court: District Court, N.D. Georgia
Number: infdco20160509859
Visitors: 4
Filed: May 05, 2016
Latest Update: May 05, 2016
Summary: ORDER ORINDA D. EVANS , District Judge . This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Russell G. Vineyard filed November 23, 2015 ("R&R") [Doc. 347]. No objections have been filed. In the R&R, Judge Vineyard recommends that Movant's 2255 motion be dismissed as time barred. Judge Vineyard also recommends that a certificate of appealability ("COA") be denied. Specifically, Judge Vineyard found that Movant has not presented
Summary: ORDER ORINDA D. EVANS , District Judge . This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Russell G. Vineyard filed November 23, 2015 ("R&R") [Doc. 347]. No objections have been filed. In the R&R, Judge Vineyard recommends that Movant's 2255 motion be dismissed as time barred. Judge Vineyard also recommends that a certificate of appealability ("COA") be denied. Specifically, Judge Vineyard found that Movant has not presented a..
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ORDER
ORINDA D. EVANS, District Judge.
This criminal case is before the Court on the Final Report and Recommendation of United States Magistrate Judge Russell G. Vineyard filed November 23, 2015 ("R&R") [Doc. 347]. No objections have been filed.
In the R&R, Judge Vineyard recommends that Movant's § 2255 motion be dismissed as time barred. Judge Vineyard also recommends that a certificate of appealability ("COA") be denied. Specifically, Judge Vineyard found that Movant has not presented anything to suggest that the circumstances set forth in 28 U.S.C. § 2255(f)(2)-(4) justify equitable tolling and Movant does not contend that he is actually innocent. In addition, a COA should be denied because it is not debatable that the § 2255 motion is untimely.
The Court having read and considered the R&R and noting the absence of any objections, it is hereby ADOPTED as the opinion and order of the Court. For the reasons set forth in the R&R, Movant's § 2255 motion [Doc. 328] is DISMISSED as time barred, and a COA is DENIED.
SO ORDERED.
Source: Leagle
