SURLES v. U.S., 1:08-CR-0345-CC-AJB-3 (2016)
Court: District Court, N.D. Georgia
Number: infdco20160219933
Visitors: 11
Filed: Feb. 08, 2016
Latest Update: Feb. 08, 2016
Summary: ORDER MOTION TO VACATE 28 U.S.C. 2255 CLARENCE COOPER , Senior District Judge . This matter is before the Court on the Final Report and Recommendation [Doc. No. 257] issued by Magistrate Judge Alan J. Baverman on January 25, 2016. Magistrate Judge Baverman recommends that Movant Robert B. Surles's 2255 motion to vacate, set aside, or correct sentence, as amended and supplemented, be denied and that the Court likewise deny the issuance of a certificate of appealability. The record refle
Summary: ORDER MOTION TO VACATE 28 U.S.C. 2255 CLARENCE COOPER , Senior District Judge . This matter is before the Court on the Final Report and Recommendation [Doc. No. 257] issued by Magistrate Judge Alan J. Baverman on January 25, 2016. Magistrate Judge Baverman recommends that Movant Robert B. Surles's 2255 motion to vacate, set aside, or correct sentence, as amended and supplemented, be denied and that the Court likewise deny the issuance of a certificate of appealability. The record reflec..
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ORDER
MOTION TO VACATE 28 U.S.C. § 2255
CLARENCE COOPER, Senior District Judge.
This matter is before the Court on the Final Report and Recommendation [Doc. No. 257] issued by Magistrate Judge Alan J. Baverman on January 25, 2016. Magistrate Judge Baverman recommends that Movant Robert B. Surles's §2255 motion to vacate, set aside, or correct sentence, as amended and supplemented, be denied and that the Court likewise deny the issuance of a certificate of appealability. The record reflects that no objections to the Final Report and Recommendation have been filed and that the time period permitted for filing any such objections has elapsed.
Having reviewed the Final Report and Recommendation for plain error in accordance with United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983), the Court finds that the Final Report and Recommendation is correct both in fact and in law. Accordingly, the Court ADOPTS the Final Report and Recommendation as the opinion of this Court and hereby ORDERS that Movant Robert B. Surles's § 2255 motion to vacate sentence, set aside, or correct sentence, as amended and supplemented, is DENIED. Further, a certificate of appealability is DENIED, and civil action number 1:12-CV-3510-CC-AJB is hereby DISMISSED.
SO ORDERED.
Source: Leagle
