Filed: Dec. 03, 2018
Latest Update: Dec. 03, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the November 16, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. # 571), wherein she recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence as amended and pursuant to 28 U.S.C. 2255 (Docs. # 525 and 541) be denied. No objections having been filed, and the time to do so having now expired, the R&R is ripe fo
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the November 16, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. # 571), wherein she recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence as amended and pursuant to 28 U.S.C. 2255 (Docs. # 525 and 541) be denied. No objections having been filed, and the time to do so having now expired, the R&R is ripe for..
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ORDER ADOPTING REPORT AND RECOMMENDATION
DAVID L. BUNNING, District Judge.
This matter is before the Court upon the November 16, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. # 571), wherein she recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence as amended and pursuant to 28 U.S.C. § 2255 (Docs. # 525 and 541) be denied.
No objections having been filed, and the time to do so having now expired, the R&R is ripe for the Court's consideration. The Court having reviewed the R&R, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 571) is hereby adopted as the findings of fact and conclusions of law of the Court;
(2) The Defendant's Motion to Vacate, Set Aside or Correct Sentence as amended and pursuant to 28 U.S.C. § 2255 (Docs. # 525 and 541) is hereby denied;
(3) For the reasons set forth in the Magistrate Judge's R&R (Doc. # 571), the court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue; and
(4) A separate Judgment will be filed concurrently herewith.
