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Clark v. U.S., 2:15-cr-8. (2018)

Court: District Court, M.D. Georgia Number: infdco20181024k54 Visitors: 2
Filed: Oct. 22, 2018
Latest Update: Oct. 22, 2018
Summary: ORDER LISA GODBEY WOOD , District Judge . The Court has conducted an independent and de novo review of the entire record and concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 16. Movant Arron Clark ("Clark") did not file Objections to this Report and Recommendation. 1 Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court DENIES Clark's 28 U.S.C. 2255 Motion to Vacate, Set Aside, or Correct his Se
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ORDER

The Court has conducted an independent and de novo review of the entire record and concurs with the Magistrate Judge's Report and Recommendation, dkt. no. 16. Movant Arron Clark ("Clark") did not file Objections to this Report and Recommendation.1 Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court. The Court DENIES Clark's 28 U.S.C. § 2255 Motion to Vacate, Set Aside, or Correct his Sentence and DIRECTS the Clerk of Court to CLOSE this case and to enter the appropriate judgment of dismissal.

The Court DENIES Clark in forma pauperls status on appeal and a Certificate of Appealability.

SO ORDERED.

FootNotes


1. Clark filed an interlocutory appeal of the Report and Recoinmendation. Dkt. No. 17. However, the filing of an interlocutory appeal did not divest this Court of jurisdiction. See Holloman v. McDonald, No. 5;05CV22-RH/WCS, 2005 WL 941137, at *3 (N.D. Fla. March 21, 2005). The Eleventh Circuit Court of Appeals dismissed that interlocutory appeal for lack of jurisdiction. Dkt. No. 21.
Source:  Leagle

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