HINTZ v. U.S., 1:03-CR-0131-CC (2014)
Court: District Court, N.D. Georgia
Number: infdco20140513b06
Visitors: 15
Filed: Apr. 14, 2014
Latest Update: Apr. 14, 2014
Summary: Motion To Vacate 28 U.S.C. 2255 CLARENCE COOPER, Senior District Judge. ORDER This matter is before the Court on the Final Report and Recommendation [Doc. No. 673] issued by Magistrate Judge Linda T. Walker on March 17, 2014. Magistrate Judge Walker recommends that Movant Scott Hintz's motion to vacate sentence [Doc. No. 668] be construed as a motion to amend and that the motion be denied. Magistrate Judge Walker further recommends that a certificate of appealability be denied and that the
Summary: Motion To Vacate 28 U.S.C. 2255 CLARENCE COOPER, Senior District Judge. ORDER This matter is before the Court on the Final Report and Recommendation [Doc. No. 673] issued by Magistrate Judge Linda T. Walker on March 17, 2014. Magistrate Judge Walker recommends that Movant Scott Hintz's motion to vacate sentence [Doc. No. 668] be construed as a motion to amend and that the motion be denied. Magistrate Judge Walker further recommends that a certificate of appealability be denied and that the ..
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Motion To Vacate 28 U.S.C. § 2255
CLARENCE COOPER, Senior District Judge.
ORDER
This matter is before the Court on the Final Report and Recommendation [Doc. No. 673] issued by Magistrate Judge Linda T. Walker on March 17, 2014. Magistrate Judge Walker recommends that Movant Scott Hintz's motion to vacate sentence [Doc. No. 668] be construed as a motion to amend and that the motion be denied. Magistrate Judge Walker further recommends that a certificate of appealability be denied and that the above-styled civil action be dismissed. The record reflects that no objections to the Final Report and Recommendation have been filed and that the time period permitted for filing any such objections has elapsed.
Having reviewed the Final Report and Recommendation for plain error in accordance with United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983), the Court finds that the Final Report and Recommendation is correct both in fact and in law. Accordingly, the Court ADOPTS the Final Report and Recommendation as the opinion of this Court and hereby ORDERS that Movant Scott Hintz's motion to vacate sentence [Doc. No. 668], which the Court construes as a motion to amend, is DENIED. Further, the Court denies the issuance of a certificate of appealability.
The Court DIRECTS the Clerk of Court to terminate the above-styled civil action.
SO ORDERED.
Source: Leagle
