Opinion
Civil No.: 09-0116-KD, Crim. No.: 05-00267-KD-N.
July 28, 2010
ORDER
After due and proper consideration of all pleadings in this file, and a de novo determination of those portions of the Report and Recommendation to which objection is made, the Report and Recommendation of the Magistrate Judge made under 28 U.S.C. § 636 and dated July 13, 2010, is ADOPTED as the opinion of this Court.
It is ORDERED that the petitioner's Motion to Vacate, Set Aside or Correct Sentence is DENIED, and that a Certificate of Appealability is DENIED. The Court further finds that any appeal from the judgment of this court may not be taken in forma pauperis. DONE and ORDERED.