Filed: Jan. 07, 2015
Latest Update: Jan. 07, 2015
Summary: ORDER ROGER VINSON, Senior District Judge. This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated December 12, 2014 (doc. 496). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the Report and Recommendation, and the timely
Summary: ORDER ROGER VINSON, Senior District Judge. This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated December 12, 2014 (doc. 496). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections. Having considered the Report and Recommendation, and the timely ..
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ORDER
ROGER VINSON, Senior District Judge.
This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated December 12, 2014 (doc. 496). Defendant has been furnished a copy of the Report and Recommendation and has been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of all timely filed objections.
Having considered the Report and Recommendation, and the timely filed objections thereto (doc. 499), I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The chief magistrate judge's Report andRecommendation is adopted and incorporated by reference in this order.
2. Defendant's petition for a writ of audita querela is DENIED, as he is not entitled to challenge his sentence by means of this writ.
3. Construed as a motion to vacate pursuant to 28 U.S.C. § 2255 (doc. 493), the instant motion is DENIED and DISMISSED.
4. A certificate of appealability is DENIED.
DONE AND ORDERED.
