Opinion
Case No. 3:07cv97/LAC/MD, 3:06cr86/LAC/MD.
August 21, 2008
ORDER
Before the Court are Defendant's objections to the Report and Recommendation entered by the Magistrate Judge in this case. Defendant's objections arrive late as permitted by the Court after Defendant filed a "Motion to File Delayed Objections to Report and Recommendation" (doc. 65) in which he explained that he did not receive a copy of the Report and Recommendation. After a de novo review of the Report and Recommendation and the objections thereto, I have determined that the Court's previous adoption of the Report and Recommendation and the denial of the Motion to Vacate should remain unchanged.
Accordingly, it is now ORDERED as follows:
1. Pursuant to Fed.R.App.P. 4(a)(5), the Court construes Defendant's earlier filed "Motion to File Delayed Objections to Report and Recommendation" (doc. 65) to include a motion for extension of time to file an appeal. This construed motion is GRANTED, and Defendant shall have an additional THIRTY (30) DAYS in which to appeal from the denial of his Motion to Vacate.