Opinion
CRIMINAL 3:19-CR-9-CAR-CHW
05-04-2022
JOHN BRANTLEY, Movant, v. UNITED STATES OF AMERICA, Respondent.
ORDER ON RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
C. ASHLEY ROYAL, SENIOR JUDGE.
Before the Court is the United States Magistrate Judge's Report and Recommendation to dismiss ground one and deny ground two of Movant John Brantley's motion to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Movant has not objected to the Recommendation, and the time in which to do so has expired. Having considered the Report and Recommendation, the Court agrees with the findings and conclusions of the United States Magistrate Judge. The Report and Recommendation [Doc. 81] is therefore ADOPTED and MADE THE ORDER OF THE COURT. As set forth in the Report and Recommendation, because Movant's request for credit for time served is not cognizable in a section 2255 motion, Ground One of Movant's petition is DISMISSED; and because Movant cannot show ineffective assistance of counsel based upon the failure to ask for credit for time served, Ground Two of Movant's petition is DENIED.
SO ORDERED.