U.S. v. Brown, 1:12-cr-0389-AT-1. (2018)
Court: District Court, N.D. Georgia
Number: infdco20180906a48
Visitors: 6
Filed: Sep. 04, 2018
Latest Update: Sep. 04, 2018
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 Shawn Lavon Brown's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 502]. 1 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 ha
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 Shawn Lavon Brown's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. 2255 [Doc. 502]. 1 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 hav..
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ORDER
AMY TOTENBERG, District Judge.
Presently before the Court is the Magistrate Judge's Report and Recommendation ("R&R") that this Court deny Defendant Shawn Lavon Brown's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. 502].1 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 Report and Recommendation, the Court DENIES Defendant's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255 [Doc. 444]. Defendant is denied a certificate of appealability.
IT IS SO ORDERED.
FootNotes
1. Defendant has also filed a motion to dismiss the indictment [Doc. 460] which he then later moved to strike "pending the outcome of the Defendant Civil Action Case No. 14:16-cv-3315-AT" [Doc. 463 at 1]. The Court hereby GRANTS Defendant's motion to strike [Doc. 463].
Source: Leagle
