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U.S. v. RELIFORD, 06-39-DLB-CJS-1. (2015)

Court: District Court, E.D. Kentucky Number: infdco20150716984 Visitors: 8
Filed: Jul. 15, 2015
Latest Update: Jul. 15, 2015
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. # 85), wherein she recommends that Defendant Daniel Reliford's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. 2255 (Doc. # 85) be transferred to the Sixth Circuit Court of Appeals. No objections having been filed and the time to do so having now expired, the R&R is
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ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the Court upon the Report and Recommendation ("R&R") of United States Magistrate Judge Candace J. Smith (Doc. # 85), wherein she recommends that Defendant Daniel Reliford's Motion to Vacate, Set Aside, or Correct Sentence under 28 U.S.C. § 2255 (Doc. # 85) be transferred to the Sixth Circuit Court of Appeals. No objections having been filed and the time to do so having now expired, the R&R is ripe for the Court's consideration. Having reviewed the R&R, the Court concludes that it is sound in all respects, and agrees that Defendant's Motion should be transferred. Accordinlgy,

IT IS ORDERED as follows:

(1) Defendant's Motion (Doc. # 85) be, and is, hereby transferred to the Sixth Circuit Court of Appeals pursuant to 28 U.S.C. § 1631, for a determination of whether Defendant will be granted authorization to file a second or successive § 2255 motion; and

(2) This action is hereby stricken from the Court's active docket.

Source:  Leagle

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