Summary
stating that the Supreme Court has not expressly held that its holding in Burrage is retroactively applicable to cases on collateral review
Summary of this case from Krieger v. United StatesOpinion
Case No.: 3:10cr30/MCR/EMT Case No.: 3:14cv609/MCR/EMT
12-01-2014
UNITED STATES OF AMERICA v. ROBERT E. BOURLIER
ORDER
This cause comes on for consideration upon the chief magistrate judge's Report and Recommendation dated November 6, 2014. (Doc. 454). The parties have been furnished a copy of the Report and Recommendation and have been afforded an opportunity to file objections pursuant to Title 28, United States Code, Section 636(b)(1). I have made a de novo determination of any timely filed objections.
Having considered the Report and Recommendation, and any objections thereto timely filed, I have determined that the Report and Recommendation should be adopted.
Accordingly, it is now ORDERED as follows:
1. The chief magistrate judge's Report and Recommendation is adopted and incorporated by reference in this order.
2. Defendant's motion to vacate, set aside, or correct sentence pursuant to 28 U.S.C. § 2255 (doc. 451) is SUMMARILY DENIED and DISMISSED as untimely.
3. A certificate of appealability is DENIED.
DONE AND ORDERED this 1st day of December, 2014.
/s/ _________
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE