ORDER

J. RANDAL HALL, Chief District Judge.

After a careful, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which no objections have been filed. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion. Therefore, the Court GRANTS Petitioner's § 2255 motion as to the out-of-time appeal and DISMISSES without prejudice all other claims raised in the § 2255 motion. The Court VACATES Petitioner's judgment in the underlying criminal case. CR 116-034, doc. no. 55. Simultaneous with the entry of this Order, the Court is entering a new Judgment in a Criminal Case that reimposes the same sentence, identical in all respects to the original Judgment, save only for the date of entry.

The Court HEREBY ADVISES Petitioner that with the entry of the new Judgment, he shall have all the rights associated with an appeal from any criminal sentence. The Court also specifically advises Petitioner the entry of the new Judgment creates a fourteen-day period within which Petitioner may prosecute a direct appeal of his criminal conviction. Thus, Petitioner shall have fourteen days from the date of entry of the Judgment to file a notice of appeal. Attorney Wendell E. Johnston, Jr., has been appointed to represent Petitioner on direct appeal. See CR 116-034, doc. no. 80.

Finally, the Court DIRECTS the Clerk to CLOSE this civil action and ENTER an appropriate final judgment in this civil case in favor ofPetitioner.

SO ORDERED.