Stocks v. United States, 1:17-CR-00257-RGV-2. (2019)
Court: District Court, N.D. Georgia
Number: infdco20191226522
Visitors: 7
Filed: Dec. 17, 2019
Latest Update: Dec. 17, 2019
Summary: ORDER HABEAS CORPUS 28 U.S.C. 2255 ELEANOR L. ROSS , District Judge . This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge Russell G. Vineyard. [Doc. 97]. Judge Vineyard recommends that Movant's 2255 Motion [Doc. 81] be denied and that a Certificate of Appealability be denied as well. After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may accept, reject, o
Summary: ORDER HABEAS CORPUS 28 U.S.C. 2255 ELEANOR L. ROSS , District Judge . This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge Russell G. Vineyard. [Doc. 97]. Judge Vineyard recommends that Movant's 2255 Motion [Doc. 81] be denied and that a Certificate of Appealability be denied as well. After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may accept, reject, or..
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ORDER
HABEAS CORPUS 28 U.S.C. § 2255
ELEANOR L. ROSS, District Judge.
This matter is before the Court for consideration of the Report and Recommendation ("R&R") of Magistrate Judge Russell G. Vineyard. [Doc. 97]. Judge Vineyard recommends that Movant's § 2255 Motion [Doc. 81] be denied and that a Certificate of Appealability be denied as well.
After conducting a careful and complete review of a magistrate judge's findings and recommendations, a district court judge may accept, reject, or modify a magistrate judge's R&R. 28 U.S.C. § 636(b)(1)(C); Williams v. Wainwright, 681 F.2d 732 (11th Cir. 1982). No objections to the magistrate judge's R&R have been filed, and therefore, the Court has reviewed the R&R for plain error. See United States v. Slay, 714 F.2d 1093, 1095 (11th Cir. 1983). The Court finds no error.
Accordingly the Court ADOPTS the R&R [Doc. 97] as the opinion of this Court. For the reasons stated in the R&R, the Court DENIES Movant's § 2255 Motion. [Doc. 81]. Additionally, the Court DECLINES to issue a certificate of appealability because after considering 28 U.S.C. § 2253(c)(2), the Court finds that Movant has not made a substantial showing of the denial of a constitutional right. The Court DIRECTS the Clerk to CLOSE the civil case associated with Movant's § 2255 Motion: Civil Action No. 1:19-CV-02741-ELR.
SO ORDERED.
Source: Leagle
