Opinion
CASE NO. 2:16-CV-287 CRIM. NO. 2:93-CR-00101
04-27-2016
JAMES L. EWING, Petitioner, v. UNITED STATES OF AMERICA, Respondent.
MAGISTRATE JUDGE DEAVERS OPINION AND ORDER
On April 4, 2016, the Magistrate Judge issued a Report and Recommendation recommending that Petitioner's 28 U.S.C. § 2255, Motion to Vacate (ECF No. 88) be transferred to the United States Court of Appeals for the Sixth Circuit as a successive petition, and that Petitioner's Motion Pursuant to Fed . R. Crim. P. 60(b)(1) and (6) (ECF No. 89), be denied. Although the parties were advised of the right to object to the Magistrate Judge's Report and Recommendation, and of the consequences of failing to do so, no objections have been filed.
The Report and Recommendation (ECF No. 90) is ADOPTED and AFFIRMED. Petitioner's 28 U.S.C. § 2255, Motion to Vacate (ECF No. 88) is TRANSFERRED to the United States Court of Appeals for the Sixth Circuit as a successive petition, and Petitioner's Motion Pursuant to Fed . R. Crim. P. 60(b)(1) and (6) (ECF No. 89), is DENIED.
IT IS SO ORDERED.
s/ George C . Smith
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT