Elawyers Elawyers
Ohio| Change

United States v. Colby, 2:17 CR 109. (2019)

Court: District Court, D. Vermont Number: infdco20191030j66 Visitors: 6
Filed: Oct. 25, 2019
Latest Update: Oct. 25, 2019
Summary: ORDER WILLIAM K. SESSIONS, III , District Judge . The Report and Recommendation of the United States Magistrate Judge was filed October 1, 2019. After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report. A district judge must make a de novo determination of those portions of a magistrate judge's report and recomme
More

ORDER

The Report and Recommendation of the United States Magistrate Judge was filed October 1, 2019. After careful review of the file and the Magistrate Judge's Report and Recommendation, no objections having been filed by any party, this Court ADOPTS the Magistrate Judge's recommendations in full for the reasons stated in the Report.

A district judge must make a de novo determination of those portions of a magistrate judge's report and recommendation to which an objection is made. Fed. R. Civ. P. 72(b); 28 U.S.C. sect; 636(b) (1); Perez-Rubio v. Wyckoff, 718 F.Supp. 217, 227 (S.D.N.Y. 1989). The district judge may "accept, reject, or modify, in whole or in part, the magistrate's proposed findings and recommendations." Id.

The motion under 28 U.S.C. § 2255 to vacate, set aside or correct a sentence (Doc. 49) is DISMISSED for vagueness. Petitioner is granted leave to file an amended § 2255 motion within 30 days of this Order. The motion to dismiss (Doc. 53) is GRANTED.

Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer