LEE v. U.S., CR 214-28 (2017)
Court: District Court, S.D. Georgia
Number: infdco20170530e37
Visitors: 19
Filed: May 25, 2017
Latest Update: May 25, 2017
Summary: ORDER LISA GODBEY WOOD , District Judge . After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's April 3, 2017, Report and Recommendation, dkt. no. 11, to which Gregory Bernard Lee (""Lee") filed Objections. Dkt. No. 12. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court and OVERRULES Lee's Objections. 1 The Court DISMISSES WITHOUT PREJUDICE Lee's Motion to Vacate, Set Aside,
Summary: ORDER LISA GODBEY WOOD , District Judge . After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's April 3, 2017, Report and Recommendation, dkt. no. 11, to which Gregory Bernard Lee (""Lee") filed Objections. Dkt. No. 12. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court and OVERRULES Lee's Objections. 1 The Court DISMISSES WITHOUT PREJUDICE Lee's Motion to Vacate, Set Aside, ..
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ORDER
LISA GODBEY WOOD, District Judge.
After an independent and de novo review of the record, the undersigned concurs with the Magistrate Judge's April 3, 2017, Report and Recommendation, dkt. no. 11, to which Gregory Bernard Lee (""Lee") filed Objections. Dkt. No. 12. Accordingly, the Court ADOPTS the Magistrate Judge's Report and Recommendation as the opinion of the Court and OVERRULES Lee's Objections.1
The Court DISMISSES WITHOUT PREJUDICE Lee's Motion to Vacate, Set Aside, or Correct his Sentence, brought pursuant to 28 U.S.C. § 2255, DENIES Lee a certificate of appealability, and DENIES Lee leave to proceed in forma pauperis on appeal. The Court DIRECTS the Cleric of Court to enter the appropriate judgment of dismissal and to CLOSE this case.
SO ORDERED.
FootNotes
1. Lee's Objections are entirely unresponsive to the Magistrate Judge's Report and Recommendation. Lee does not dispute that he failed to respond to Respondent's Motion to Dismiss, and he still has not filed a response to that Motion as ordered by the Court. Nor does Lee provide any reason for his failure to follow the Court's directive and failure to prosecute. Instead, Lee simply states that that he is "actually innocent" and that the Court should decide his case on the merits. Dkt. No. 12.
Source: Leagle
