Kirkpatrick v. U.S., 1:01-CR-0229-CC-LTW. (2016)
Court: District Court, N.D. Georgia
Number: infdco20160602c25
Visitors: 11
Filed: Jun. 01, 2016
Latest Update: Jun. 01, 2016
Summary: MOTION TO VACATE 28 U.S.C. 2255 ORDER CLARENCE COOPER , District Judge . This matter is before the Court on the Final Report and Recommendation [Doc. No. 96] (the "R&R") issued by Chief Magistrate Judge Linda T. Walker on May 9, 2016. In the R&R, Chief Magistrate Judge Walker recommends that this Court dismiss as successive Movant Richard Lee Kirkpatrick's motion to vacate sentence. The record reflects that no objections to the R&R have been filed and that the time period permitted for
Summary: MOTION TO VACATE 28 U.S.C. 2255 ORDER CLARENCE COOPER , District Judge . This matter is before the Court on the Final Report and Recommendation [Doc. No. 96] (the "R&R") issued by Chief Magistrate Judge Linda T. Walker on May 9, 2016. In the R&R, Chief Magistrate Judge Walker recommends that this Court dismiss as successive Movant Richard Lee Kirkpatrick's motion to vacate sentence. The record reflects that no objections to the R&R have been filed and that the time period permitted for f..
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MOTION TO VACATE 28 U.S.C. § 2255
ORDER
CLARENCE COOPER, District Judge.
This matter is before the Court on the Final Report and Recommendation [Doc. No. 96] (the "R&R") issued by Chief Magistrate Judge Linda T. Walker on May 9, 2016. In the R&R, Chief Magistrate Judge Walker recommends that this Court dismiss as successive Movant Richard Lee Kirkpatrick's motion to vacate sentence. The record reflects that no objections to the R&R have been filed and that the time period permitted for filing any such objections has elapsed.
Having reviewed the R&R for plain error in accordance with United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983), the Court finds that the R&R is correct both in fact and in law. Accordingly, the Court ADOPTS the R&R as the opinion of this Court and DISMISSES Movant's § 2255 motion as a successive motion over which this Court lacks jurisdiction.
SO ORDERED.
Source: Leagle
