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U.S. v. Rush, 5:10-CR-28-KKC-EBA-1. (2018)

Court: District Court, E.D. Kentucky Number: infdco20180427f17 Visitors: 7
Filed: Apr. 26, 2018
Latest Update: Apr. 26, 2018
Summary: ORDER KAREN K. CALDWELL , Chief District Judge . This matter is before the Court on the report and recommendation of United States Magistrate Judge Edward B. Atkins (DE 88) regarding defendant Mark Walton Rush's motion to vacate under 28 U.S.C. 2255 (DE 61). No objections have been filed to Magistrate Judge Atkins' report and recommendation. Accordingly, and having reviewed the recommended disposition and agreeing with the analysis therein, it is hereby ORDERED that the recommendation
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ORDER

This matter is before the Court on the report and recommendation of United States Magistrate Judge Edward B. Atkins (DE 88) regarding defendant Mark Walton Rush's motion to vacate under 28 U.S.C. § 2255 (DE 61). No objections have been filed to Magistrate Judge Atkins' report and recommendation.

Accordingly, and having reviewed the recommended disposition and agreeing with the analysis therein, it is hereby ORDERED that the recommendation (DE 88) is ADOPTED as the Court's opinion, and that defendant Rush's motion under 28 U.S.C. § 2255 to vacate, set aside, or correct sentence by a person in federal custody (DE 61) is DENIED.

Further, the Court finds that no certificate of appealability shall issue because Rush has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(3).

A separate judgment shall issue.

Source:  Leagle

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