Filed: Nov. 27, 2018
Latest Update: Nov. 27, 2018
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the August 7, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins (Doc. # 32), wherein he recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255 (Doc. # 30) be denied. On August 24, 2018, Defendant moved for an extension of time to file objections to the R&R (Doc. # 33). That motion was gran
Summary: ORDER ADOPTING REPORT AND RECOMMENDATION DAVID L. BUNNING , District Judge . This matter is before the Court upon the August 7, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins (Doc. # 32), wherein he recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. 2255 (Doc. # 30) be denied. On August 24, 2018, Defendant moved for an extension of time to file objections to the R&R (Doc. # 33). That motion was grant..
More
ORDER ADOPTING REPORT AND RECOMMENDATION
DAVID L. BUNNING, District Judge.
This matter is before the Court upon the August 7, 2018 Report and Recommendation ("R&R") of United States Magistrate Judge Edward B. Atkins (Doc. # 32), wherein he recommends that Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. # 30) be denied.
On August 24, 2018, Defendant moved for an extension of time to file objections to the R&R (Doc. # 33). That motion was granted and the deadline to file objections was extended to November 7, 2018 (Doc. # 35 — Virtual Order granting Doc. # 33). That deadline having now expired without any objections being filed, the R&R is ripe for the Court's consideration. The Court having reviewed the R&R, and concluding that it is sound in all respects, and being otherwise sufficiently advised,
IT IS ORDERED as follows:
(1) The Magistrate Judge's Report and Recommendation ("R&R") (Doc. # 32) is hereby adopted as the findings of fact and conclusions of law of the Court;
(2) The Defendant's Motion to Vacate, Set Aside or Correct Sentence pursuant to 28 U.S.C. § 2255 (Doc. # 30) is hereby denied;
(3) For the reasons set forth in the Magistrate Judge's R&R (Doc. # 32), the Court determines there would be no arguable merit for an appeal in this matter and, therefore, no certificate of appealability shall issue; and
(4) A separate Judgment will be filed concurrently herewith.
